17 Inclusion Applications

• 17 (1) Subject to subsection (1.1), if the commission considers that an approval under this subsection carries out the intent of this Act, the commission may approve the inclusion in the agricultural land reserve

• (a) on the commission’s own initiative, of any land,
• (b) on application of a local government, of land within the local government’s jurisdiction, and
• (c) on application of a first nation government, of land within the first nation’s settlement lands.

• (1.1) If section 15(2) applies in relation to treaty lands, an approval under subsection (1)(a) of this section in respect of those treaty lands may be made only with the consent of the treaty first nation.
• (2) For a matter under subsection (1), a public hearing must be held in the manner, and after giving the notice, required by the regulations, by

• (a) the commission, if the commission is acting on its own initiative,
• (b) the local government before making an application, and
• (c) the first nation government before making an application.

• (3) On application by an owner of land, the commission may designate all or part of the land described in the application as land within the agricultural land reserve if the commission considers that the designation carries out the intent of this Act.
• (3.1) Land designated as land within the agricultural land reserve under subsection (3) is included, on designation, in the agricultural land reserve.
• (4) A decision of the commission granting an application under subsection (3) in relation to proposed settlement lands may not be made effective unless and until those lands are established, in whole or in part, as settlement lands.
• (5) Unless a decision granting an application under subsection (3) first becomes effective under subsection (4), the decision expires on the earlier of the following dates:

• (a) the date the decision expires according to its terms;
• (b) the date that a notice to suspend negotiations takes effect.

2002-36-17, effective November 1, 2002 (B.C. Reg. 171/2002); 2004-32-4, effective July 23, 2004 (B.C. Reg. 339/2004); 2007-36-7, 9, effective April 3, 2009 (B.C. Reg. 55/2009); 2018-56-8, effective February 22, 2019 (B.C. Reg. 30/2019); 2019-32-11, effective March 12, 2020 (B.C. Reg. 57/2020).