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In This Volume

  • 25 (1) On receiving a use or subdivision application,
  • (a) the commission, if required by the regulations, must reject the application, or
  • (b) if paragraph (a) of this subsection does not apply, the commission may, subject to subsection (1.1),
    • (i) refuse permission for the use or subdivision applied for,
    • (ii) grant permission, with or without limits or conditions, for the use or subdivision applied for, or
    • (iii) grant permission for an alternative use or subdivision, with or without limits or conditions, as applicable.
  • (1.1) In making a determination under subsection (1)(b) with respect to an application for a non-adhering residential use, the commission
  • (a) must consider the prescribed criteria, if any, and
  • (b) must not grant permission for an additional residence unless the additional residence is necessary for a farm use.
  • (2) [Repealed 2018-56-16.]
  • (3) An application referred to in subsection (1), except such an application from a first nation government, may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application
  • (a) applies to land that is zoned by bylaw to permit farm use, or
  • (b) requires, in order to proceed, an amendment to an official settlement plan, an official community plan, an official development plan or a zoning bylaw.
  • (3.1) An application referred to in subsection (1) in relation to settlement lands may not proceed unless authorized by a law of the first nation government of the first nation that has legislative authority over the settlement lands.
  • (4) In deciding an application referred to in subsection (1), the commission may meet with the applicant or may make a decision on the basis of written representations only.
  • (4.1) A decision of the commission under subsection (1)(b)(ii) or (iii) in relation to proposed settlement lands may not be made effective unless and until
  • (a) those lands are established, in whole or in part, as settlement lands, and
  • (b) the first nation government in relation to those settlement lands enacts a law approving the commission’s decision and provides a certified copy of the law to the commission.
  • (4.2) Unless a decision under subsection (1)(b)(ii) or (iii) first becomes effective under subsection (4.1), 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.
  • (5) The commission must deliver its written decision to the owner.

2002-36-25, effective November 1, 2002 (B.C. Reg. 171/2002); 2004-32-6, effective July 23, 2004 (B.C. Reg. 339/2004); 2007-36-7, effective April 3, 2009 (B.C. Reg. 55/2009); 2018-56-16, effective February 22, 2019 (B.C. Reg. 30/2019).