B.C. Agriculture Minister Lana Popham tours a ranch near Keremeos, December 2017. (Black Press files)

B.C. farmers aren’t ‘persons’ under new agricultural land legislation

B.C. Liberal Mike de Jong calls it an ‘assault on rights of citizens’

The B.C. government’s latest changes to protect agricultural land include a provision to redefine “person” 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 didn’t believe what he was hearing at first, as Popham introduced the sweeping changes designed to roll back the previous government’s changes to the Agricultural Land Reserve.

A key change is that only the province, local governments or “a prescribed public body” can apply to the newly reorganized ALC for an exclusion of farmland.

The redefinition of “person” in the new bill is “the single most egregious assault on the rights of citizens that I have seen in 25 years,” de Jong said in an interview with Black Press.

“This is the government saying to tens of thousands of property owners, ‘we 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 government’,” de Jong said. “That’s absurd. That is as egregious a violation of the rights of a citizen as I’ve seen, to deny them even the right to ask.”

He noted that the decision to exclude farmers from application by declaring them not “persons” is interesting timing, on the eve of the 90th anniversary of the declaration that women are “persons” and can vote. That case is the centre of International Women’s Day in Canada, after a group of Alberta women now known as “the famous five” 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.

“Over the last few years, we’ve 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,” Popham said. “This 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.”

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 owner’s path. The local government can submit an application “if they want,” he said. “If they’re not too busy. When they get around to it. There’s no incentive.”

READ MORE: B.C. tightening rules for farmland exclusion applications

READ MORE: B.C. Liberal farmland review results in two zones

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

Bill 15, to be debated as early as next week, is the second stage of Popham’s 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.

“Another attack on rural B.C. and landowners,” Bernier said. “Why do the B.C. NDP always think Big Brother knows better than the people who actually own and work the land?”

The amendments also eliminate the ALC’s six regional panels and executive committee, creating a single commission with regional representation on it. Popham said that change will “strengthen the independence of the commission.”


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Most Victoria transit takers thank their driver: poll

Bus riders thank drivers on Transit Driver Appreciation Day

Volunteer needed to empty dog poop can in Saanich Park

Local volunteers do the work of irresponsible dog owners at Mount Doug

Vancouver Island overdue for the big one, can also expect mega-thrust tsunami

The last big earthquake was 70 years ago in Courtenay

Sexual assault charge dropped against former CFB Esquimalt member

Navy Lt. Ronald Clancy was charged with two counts of sexual assault in August 2018

BC Ferries considers passenger only ferry between West Shore and Victoria

Royal Bay, Esquimalt and Ship Point considered as part of study into new route

VIDEO: RCMP ask kids to help name soon-to-be police dogs

13 German shepherd puppies will be born this year

Horvat scores 16 seconds into OT as Canucks beat Blackhawks 3-2

Pettersson sets rookie scoring record for Vancouver

No injuries, pollution in Vancouver Harbour ship collision: Transport Canada

Transportation Safety Board says it has deployed a team of investigators look into the incident

Budget 2019: Five things to watch for in the Liberals’ final fiscal blueprint

Finance Minister Bill Morneau will release the Trudeau government’s final budget on Tuesday

New concussion guidelines launched for Canada’s Olympians, Paralympians

The guidelines will be in effect at this summer’s Pan American, Parapan American Games in Lima, Peru

Alphonso Davies doubtful for Canada game against French Guiana in Vancouver

Canada will be without injured captain Scott Arfield and veteran Will Johnson

Watchdog called after man who yelled racial slurs at B.C. vigil hurt during arrest

BC RCMP say man was ‘acting suspiciously’ at prayer vigil for victims of New Zealand mosque shootings

NDP’s Jagmeet Singh steps into the House of Commons, making history

Burnaby South MP becomes first visible minority to lead a federal party in the House of Commons

Most Read