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In This Volume

  • 20.2 (1) In this section:
  • “as designed” means as stated or shown in
  • (a) a design, proposal or other plan approved under or accepted in support of an authorization, or
  • (b) a design or plan finalized, before the date this section comes into force, by an architect or engineer or, if none, the designer of the residence, if no authorizations are needed to construct or alter the residence;
  • “authorization” means a permit or other authorization, issued under an enactment, to construct or alter a residence;
  • “pre-existing residential structure” means a residential structure that exists on agricultural land on the date this section comes into force, and
  • (a) is an additional residence for which all required authorizations to construct or alter the residence were granted,
  • (b) is a principal residence having a total floor area of more than 500 m2, or
  • (c) is of a size or is sited in contravention of a regulation;
  • “unfinished pre-existing residence” means a residence to which all of the conditions in paragraphs (a) and (b), and either paragraph (c) or paragraph (d), apply:
  • (a) the residence, if completed as designed, will be an additional residence or have a total floor area of more than 500 m2;
  • (b) from the date construction or alteration of the residence began until completion, the construction or alteration
    • (i) is carried out in accordance with all applicable authorizations and enactments, and
    • (ii) continues without interruption, other than work stoppages considered reasonable in the building industry;
  • (c) in the case of a residence that, on completion, will be an additional residence,
    • (i) all required authorizations to construct or alter the residence were granted, and
    • (ii) construction of the foundation of the residence, or alteration of the residence, had substantially begun
  • before the date this section comes into force;
  • (d) in the case of a residence that, on completion, will be a primary residence, either
    • (i) all required authorizations to construct or alter the residence were granted before the date this section comes into force and construction of the foundation of the residence, or alteration of the residence, substantially begins on or before November 5, 2019, or
    • (ii) if no authorizations to construct or alter the residence are required, construction of the foundation of the residence, or alteration of the residence, had substantially begun before the date this section comes into force.
  • (2) Despite section 20.1(1), an owner of agricultural land may, on or after the date this section comes into force, do one or more of the following:
  • (a) complete construction or alteration of an unfinished pre-existing residence that
    • (i) is a principal residence, but only if, on completion, the total floor area is as designed or less, or
    • (ii) is an additional residence, and
  • (b) alter a pre-existing residential structure, but only if, on completion, the alteration will lead to no further contravention of the Act or regulations.

2018-56-13, effective February 22, 2019 (B.C. Reg. 30/2019); 2019-32-15, effective March 12, 2020 (B.C. Reg. 57/2020).