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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  • (2) [Repealed 2018-56-16.]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).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See the Practice discussion under s. 26 related to the delegation agreement between the ALC and the Oil and Gas Commission (“OGC”). This delegation agreement provides the OGC with the authority to approve certain non-farm uses of ALR lands that relate to oil and gas activities in specified regions.