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B.C. farmers aren91Ƶt 91Ƶpersons91Ƶ under new agricultural land legislation

B.C. Liberal Mike de Jong calls it an 91Ƶassault on rights of citizens91Ƶ
15879452_web1_20190308-BPD-PophamCliftonRanch-Keremeos
B.C. Agriculture Minister Lana Popham tours a ranch near Keremeos, December 2017. (Black Press files)

The B.C. government91Ƶs latest changes to protect agricultural land include a provision to redefine 91Ƶperson91Ƶ as a local or provincial government.

Amendments to provincial law presented by Agriculture Minister Lana Popham this week mean that farmers can no longer apply directly to the Agricultural Land Commission for any exclusion of land from the reserve.

B.C. Liberal MLA Mike de Jong, a farmer, lawyer and MLA since 1994, said he didn91Ƶt believe what he was hearing at first, as Popham introduced the sweeping changes designed to roll back the previous government91Ƶs changes to the Agricultural Land Reserve.

A key change is that only the province, local governments or 91Ƶa prescribed public body91Ƶ can apply to the newly reorganized ALC for an exclusion of farmland.

The redefinition of 91Ƶperson91Ƶ in is 91Ƶthe single most egregious assault on the rights of citizens that I have seen in 25 years,91Ƶ de Jong said in an interview with Black Press.

91ƵThis is the government saying to tens of thousands of property owners, 91Ƶwe now believe the ALR is perfect, there will never be any changes, and the only agency that can ever decide to initiate a request is government91Ƶ,91Ƶ de Jong said. 91ƵThat91Ƶs absurd. That is as egregious a violation of the rights of a citizen as I91Ƶve seen, to deny them even the right to ask.91Ƶ

He noted that the decision to exclude farmers from application by declaring them not 91Ƶpersons91Ƶ is interesting timing, on the eve of the 90th anniversary of that women are 91Ƶpersons91Ƶ and can vote. That case is the centre of International Women91Ƶs Day in Canada, after a group of Alberta women now known as 91Ƶthe famous five91Ƶ won the right to vote in 1929.

ALR regulations already require local governments to approve applications to remove farmland from within their boundaries.

Popham issued a statement Friday defending the change.

91ƵOver the last few years, we91Ƶve seen people buying land in the ALR, only to turn around and immediately apply to get it pulled out of the ALR so they can develop it,91Ƶ Popham said. 91ƵThis volume of applications to review has become burdensome to both local governments and the ALC, particularly since in many cases exclusions are not approved as they are for development purposes.91Ƶ

The ALC website has archived decisions, but the latest year shown is 2016. For the Vancouver Island zone, there were nine exclusion applications in 2016, including one from the Sooke Community Association, approved by the District of Sooke, to install an artificial turf playing field.

De Jong said the change puts an additional obstacle in the property owner91Ƶs path. The local government can submit an application 91Ƶif they want,91Ƶ he said. 91ƵIf they91Ƶre not too busy. When they get around to it. There91Ƶs no incentive.91Ƶ

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The amendments also reorganize the commission, 91Ƶadding more compliance and enforcement capacity and tools, including a new offence for landowners who do not produce records when the Agricultural Land Commission orders,91Ƶ Popham told the legislature Thursday.

Bill 15, to be debated as early as next week, is the second stage of Popham91Ƶs reorganization of the ALC and its rules to reverse changes made by the previous B.C. Liberal government.

The legislation drew a quick response from Peace River South MLA Mike Bernier, who has argued that secondary uses keep farm operations viable in winter in his region.

91ƵAnother attack on rural B.C. and landowners,91Ƶ Bernier said. 91ƵWhy do the B.C. NDP always think Big Brother knows better than the people who actually own and work the land?91Ƶ

The amendments also eliminate the ALC91Ƶs six regional panels and executive committee, creating a single commission with regional representation on it. Popham said that change will 91Ƶstrengthen the independence of the commission.91Ƶ



tfletcher@blackpress.ca

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