Agricultural Land Commission 2002/03 Annual Service Plan Report

Commission Role and Services

The Commission has a clearly defined public purpose, authority and role which are laid out in the legislation it administers on behalf of the province — the Agricultural Land Commission Act, 2002. The legislation describes the purpose of the Commission:

(a) to preserve agricultural land;

(b) to encourage farming on agricultural land in collaboration with other communities of interest; and

(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.

The Commission's vision, mission, and values are outlined in its 2002/03 to 2004/05 Service Plan, as follows:

Vision

An agricultural land reserve system that:

• Protects the land base needed to provide a safe and secure source of food;
• Expands economic opportunities;
• Promotes healthy communities; and
• Enhances economic, social and environmental sustainability.

The Agricultural Land Reserve provides a sustainable agricultural land base that supports, and creates opportunities for, a safe and secure source of food and other agricultural products. The protected land base provides for agricultural expansion and compatible economic activities. It helps build healthy and sustainable rural and urban communities.

The Commission's vision is consistent with the government's strategic vision and the Ministry of Sustainable Resource Management's vision of "a vibrant economy supporting the social and environmental values of British Columbians".

Mission

The Commission's mission is "to protect the agricultural land base necessary to provide a safe and secure food supply that meets the current and future needs of British Columbians."

The Agricultural Land Commission is the provincial agency responsible for administering the Province's land use zone in favour of agriculture — the Agricultural Land Reserve. In pursuit of its vision and mission the Commission adjudicates change of use applications; reviews plans and bylaws to ensure consistency with provincial objectives; and works with local governments and others to encourage and enable farming of agricultural lands. The preservation of agricultural land and encouragement of farming is a provincial interest that has widespread public and industry support.¹

Values

The Commission is committed to the following values from its 2002/03 – 2004/05 Service Plan that guided its activities and the delivery of public services:

Partnership, collaboration and consultation — The Commission is aware that its decisions affect others, and that others may share in the responsibility for making decisions. The Commission strives to develop working relationships with local governments, First Nations and other communities of interest and to ensure consultation with all stakeholders in its decisions.

Science and knowledge — Land Reserve boundaries and land use decisions are based on biophysical criteria as well as local circumstances.

Comprehensive and integrated approach — Policies and programs foster long-term sustainability in the interests of BC's future development by considering a range of economic, social and environmental values.

Accountability, fairness and transparency — The Commission acts fairly and in the public interest. The Commission is accountable for its actions and the bases of decisions are public information, available to all those affected by a decision.

Responsiveness — The Commission, in discharging its responsibility to protect the provincial interest, responds to the needs of farmers, landowners, applicants, local governments and others.

Commission Operating Context

A number of events, both external and internal, impacted the work of the Commission and its ability to achieve some of its objectives and targets during 2002/03. Government's Core Review had the largest impact on how the Commission changed its delivery of services to the public. Core Review directed the Commission to re-focus its mandate on agricultural land preservation; re-structure the Commission; and phase out the FLR. In addition, budget and staff reductions made continuing refinement of the Commission's operations necessary.

As anticipated, external trends led to a growth in the agricultural sector through increased exports and domestic consumption. Expanding population coupled with growing incomes provided larger Canadian and export markets for BC agri-food products. As an illustration, in 2002 the primary agricultural sector generated $2.0 billion in cash receipts, an increase of 12%, and agri-food exports earned $1.5 billion, up 21%, both from their previous five-year averages. BC has shown significant double-digit growth in total farm income, year after year, an achievement supported by a protected land base. At the same time population growth in the Lower Mainland, Okanagan Valley and on Vancouver Island translated into continuing pressure on the ALR, particularly in these regions. These three areas contain 81% of BC's population but only 2.7% of the land area of the province; they accounted for 81% of BC's gross farm income in 2000. This illustrates the need to plan for agriculture, as well as for settlement, and to ensure that farmers' rights to farm are recognized and protected.

Increasing public awareness of the environment highlighted the importance of agricultural land for other values such as wildlife habitat and recreation, and created demands for more sustainable farming practices by industry. These were challenges addressed by the Ministry of Agriculture, Food and Fisheries with the participation, in relevant cases, of the Commission.

The First Nations treaty settlement process, only indirectly involving the Commission, made limited progress during the year. Some proposed treaty settlement areas potentially involve large tracts of ALR land and the ALR issues in these areas must be addressed before treaties are finalized. While the Commission had very limited involvement in the 2002/03 discussions, the issue remains a priority. Renewed emphasis by the federal and provincial governments on completing treaty negotiations will require significant additional work for the Commission in the coming years. The issue of ALR lands within treaty settlement areas is considered a high risk one for the Commission's mandate of preserving agricultural land; however the Commission has limited influence over the process and the outcomes, which are negotiable, are uncertain. The Commission is working towards resolving some land selection issues that involve ALR, prior to treaty agreements in principle.

The many strategic and institutional changes accomplished by government during the year afforded some opportunities for partnerships and the more efficient delivery of services. For example, the Agricultural Land Commission and the Oil and Gas Commission worked towards an agreement to delegate oil and gas development approvals in the ALR to the Oil and Gas Commission in the Peace region. Completion of this agreement is expected by mid-2003.

While the Commission devoted considerable time and energy to promoting the option of voluntary shared decision-making through delegation to local governments, many local governments were not receptive. The Commission renewed its delegation agreement with Fraser-Fort George Regional District and expanded the extent of the delegated area, following a successful two-year pilot project. However, some local governments appeared reluctant to assume these additional powers for a variety of reasons. The Commission also recognized the need to better explain to local governments, the process for and benefits of assuming delegated powers for the ALR.

The Commission carried out its renewed mandate during a year of significant and far-reaching change, both within its own organization and in government as a whole. The revisions to the Commission's core functions and its transition to new business processes were nevertheless on schedule.

Strategic Shifts and Policy Changes

Core Review direction, provided by government in January 2002, was implemented by the Commission during the fiscal year. For the Agricultural Land Reserve, the following strategic shifts were undertaken:

• From a Commission with three regional panels, each covering two regions of the province, to six regional panels with appointees from each region, making decisions in that region.
• From limited delegation of land use and subdivision decisions to local governments, to delegation to any local government willing to voluntarily negotiate delegation with the Commission (this shift was modified during the year).
• From inflexible legislation and regulations, to more streamlined processes and regulations through the adoption of new legislation and regulations.
• From limited uses permitted in the ALR, to expanded permitted uses to help create and enhance economic opportunities for farmers and others in the Reserve.
• From prescriptive regulatory processes, to results-based processes.

Core Review determined that the Forest Land Reserve system was not an effective way to regulate forest land use and was therefore not in the public interest. Regarding the regulation of forest practices on private land, government determined that a continuing government role was in the public interest, but that this interest would be better served by an alternate delivery system. For the Forest Land Reserve, the following strategic shifts were undertaken:

• From a land use system (the FLR) for private forest lands regulated by the Land Reserve Commission (now the Agricultural Land Commission), to elimination of this system.
• From Commission administered forest practices regulation on private lands, to a new results-based system regulated by industry in partnership with government, with continuing oversight by government (shift is ongoing in 2003/04).

As a result of government direction through Core Review and other government commitments, the Commission undertook major re-organization and re-tooling during the year to accomplish these strategic shifts and improve its service delivery to the public.

Update on New Era Commitments

The New Era commitment for the Commission was "to increase the regional responsiveness of the Commission to community needs". In May 2002 government changed the structure of the Commission and improved its regional representation by appointing eighteen Commissioners from six regions of the province, to regional panels of the Commission. This new structure enabled the Commission to better reflect local knowledge and to improve opportunities for local input into decision-making.

Commission strategies to increase local involvement in decision-making, and to encourage local governments to assume authority for more land use decisions in the ALR, were commenced during 2002/03. Legislative amendments provided the Commission with a dispute resolution tool to help it resolve disputes with local governments involving community issues and the ALR. When making decisions, the Commission considered community interests together with the provincial interest in preserving agricultural land and sustaining natural resources.

Government made a New Era commitment to reduce regulatory requirements across government by one-third by the end of 2004/05. The Commission, in implementing its Core Review direction, made significant progress towards regulatory streamlining. With the adoption of the Agricultural Land Commission Act and the Agricultural Land Reserve Use, Subdivision and Procedure Regulation effective November 1, 2002, the Commission achieved an 18% reduction in regulations. With further streamlining brought about by revised policies and an anticipated delegation agreement with the Oil and Gas Commission, additional reductions will be achieved. When new legislation is passed to manage forest practices on private lands through a public/private partnership, further reductions will be realized with the concurrent repeal of the Forest Land Reserve Act. In total, the anticipated reduction in regulatory requirements for the Commission will exceed 66%, when deregulation is completed, expected by the end of 2003/04.

Key Program Areas and Services

The Agricultural Land Commission administers the Agricultural Land Reserve, a provincial land use zone that encompasses 4.75 million hectares of agricultural land. The ALR was established during 1973-74 based on a review of agricultural capability (a combination of soil and climate ratings), existing land use and an extensive consultation process with local governments and others. The boundaries of the ALR are continually adjusted to reflect better information on the suitability of lands for agriculture, changes in land use and community needs. Boundary adjustments result from decisions made through the application process and through community plan reviews.

The Agricultural Land Commission Act, 2002, sets out procedures for land use approvals including the inclusion or removal of land from the ALR, and non-farm uses and subdivisions within the ALR. Among other provisions, the Act provides for the delegation of authority to decide non-farm use and subdivision applications to a local government or a public authority. The Act is supported by the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, which defines permitted land uses within the ALR and details procedures for applications and enforcement and compliance activities for the Reserve.

In addition to land use applications under the Act, the Commission reviews relevant plans and bylaws of local governments to ensure that the ALR is properly identified and that local policies are supportive of the ALR and farmland preservation. The Commission works with other agencies and ministries to ensure that their policies and programs support and do not hinder farming on agricultural land.

The Commission's clients are the public, property owners in the ALR, local governments, farm businesses, related agricultural industries and service providers and other ministries and agencies of government. The business of the Commission is carried out through three functional areas:

1. Strategic Planning and Corporate Policy. This includes the Commission's policy development role and participation in the planning and policy initiatives of other organizations including local governments, First Nations, the government and its agents.

• The Commission reviewed and commented on 49 planning documents during the year, including 36 plans and bylaws of local governments.
• Since 1975 the Commission has reviewed over 800 planning documents.

2. Regional operations. The primary focus of this function is on the review and adjudication of applications under the legislation, and compliance with and enforcement of the legislated authority.

• 465 applications were reviewed and decided.
• The area of land in the ALR was marginally reduced. (see Appendix 1 for ALR area by region)
• 58 meetings were held with local governments. (see Appendix 2 for list of local government/Commission meetings by region)

3. Administration and Information Systems. This function includes secretarial and administrative support together with records management. The Commission maintains an application database and updates and maintains ALR mapping for the province.

• As of March 31, 2003, the ALR was 4,752,853 hectares in area.
• More than 75 ALR quarterly mapping revisions were made.
• A pilot project electronically scanned historical applications (1200 files from 1974-1994) from Cowichan Valley Regional District.
• The Commission website was updated throughout the year and application forms were made available electronically.
• The Commission shipped two thirds (23,500 files) of its total files off-site as part of its office space reduction.

In addition to its ALR program the Commission continued to manage the Forest Land Reserve. During this transition year the FLR designation remained in place and the Commission made decisions on inclusion and exclusion applications for the FLR. Commission responsibility to regulate land use in the FLR was eliminated by amendments to the Forest Land Reserve Act, which became effective November 1, 2002. The Commission retained responsibility for managing forest practices on identified lands in the ALR and FLR during this time, while collaboratively working on legislation to create a new public/private partnership to take over this function. Enforcement and compliance activities in this area included:

• 2 audits of forest practices on identified lands undertaken on Vancouver Island and in the Kootenays.
• One hearing to determine whether a forest practices contravention occurred on private forest land.
• One investigation of 9 reported contraventions.
• One appeal hearing.

Goals, Objectives and Key Strategies

The Commission has always been committed to fulfilling its public purpose to preserve agricultural land and to work with other communities of interest to encourage farming and compatible uses. To accomplish its vision, mission and purpose, the Commission worked to achieve the following goals and objectives for the year:

Goal 1: Ensure that the Commission is responsive, efficient and accountable

This operational goal describes how the Commission achieves its mandate, which is provided by the legislature through legislation. The Commission goal is to serve the public purpose in a responsive, efficient and accountable manner.

Achieving this goal improves the Commission's services to the public and its government partners.

The Commission is solely responsible for the goal of responsiveness, efficiency and accountability. It is also responsible for the objective of collaborative governance, but this requires the interest and participation of its local government partners and other ministries and agencies.

How were the objectives achieved? The Commission structure and operations were changed during the year to make it more responsive, efficient and accountable. The six panel structure placed decision-making in the regions, closer to those affected. Significant progress was made towards the Commission objectives to increase regional responsiveness and to encourage collaborative governance of the ALR. With a renewed legislative mandate and additional tools to protect agricultural land, the Commission was able to improve the efficiency and effectiveness of its operations. The Commission also began to develop a comprehensive performance management system to improve its accountability to government and the public.

Goal 2: Protect the agricultural land base

This goal is the primary purpose and mandate of the Commission as set out in the Agricultural Land Commission Act. The Commission's mandate to preserve agricultural land is accomplished through provincial zoning — the Agricultural Land Reserve.

Achieving this goal helps to ensure a safe and secure source of food for both domestic and export markets, and to contribute to economic and social sustainability. Everyone in BC benefits by the availability of fresh, locally produced, high quality food.

The Commission is primarily responsible for protecting the agricultural land base. However it relies on local governments, ministries and agencies to help protect agricultural lands through their own policies and planning. These collaborative relationships, with local governments and others, are critical to achieving success for the goal of protecting agricultural lands.

How were the objectives achieved? The Commission's objectives are to ensure that lands suitable for agriculture are retained in the ALR and non-farm uses do not significantly impact agricultural suitability and use. The Commission worked with local governments, First Nations and other agencies to ensure that the ALR was appropriately reflected in their land use plans, policies and agreements. In its decision-making, the Commission balanced the provincial interest with community interests to preserve agricultural lands throughout BC.

Goal 3: Enhance the sustainable use of the agricultural land base.

This goal is complementary to the Commission's purpose to encourage farming on agricultural land. Encouraging farming and other compatible economic activities on agricultural land enhances the use of agricultural land, and contributes to overall sustainability.

Achieving this goal helps to realize the government's goals of "a strong and vibrant provincial economy", and "safe, healthy communities and a sustainable environment". Growth in the agriculture sector contributes to the provincial and regional economies, creates jobs and enhances rural stability. As an important and steady contributor to local and regional economies, agriculture helps stabilize incomes in communities where resource industries are cyclical or in decline. The public benefits from a healthy agricultural sector that, in addition to producing high quality food and other agricultural products, provides environmental values including habitat, recreation opportunities, hydrological functions, air cleansing, green space and more.

The Commission shares the responsibility for encouraging farm use of agricultural lands with its key partners. These include local governments, the agricultural sector and its professional organizations, the Ministry of Agriculture, Food and Fisheries, the Ministry of Sustainable Resource Management, other ministries and agencies, Agriculture Canada and other federal agencies, and First Nations.

How were the objectives achieved? To achieve the sustainable use of agricultural land, the Commission worked with local governments and other agencies to ensure that their plans, policies and activities permitted and enabled the use of the ALR for agriculture. With the objective of economic growth, in November 2002 government amended the Commission's regulations to provide for additional farm and rural diversification, value-added activities and complementary non-farm uses within the ALR to support working farms and to help stabilize local economies.