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In This Volume

  • 21.1 (1) In this section, decision respecting proposed settlement lands means a decision of the commission made under subsection (2) (b) or (c) of this section on receiving an application under section 29
  • (a) by an applicant described in subsection (1) (a) of that section, and
  • (b) in relation to proposed settlement lands.
  • (2) On receiving an application under section 29, the commission may do one of the following:
  • (a) refuse permission to have land excluded from the agricultural land reserve;
  • (b) grant permission, with or without limits or conditions, to have land excluded from the agricultural land reserve;
  • (c) permit, with or without limits or conditions, a non-farm use, non-adhering residential use, soil or fill use or subdivision of land.
  • (3) A decision respecting proposed settlement lands is not effective unless and until
  • (a) those lands are established, in whole or in part, as settlement lands, and
  • (b) the first nation government that has jurisdiction over those settlement lands enacts a law approving the commission’s decision and provides a certified copy of the law to the commission.
  • (4) Unless a decision respecting proposed settlement lands first becomes effective under subsection (3), the decision expires on the earlier of the following dates:
  • (a) the date the decision expires according to its terms;
  • (b) the date a notice to suspend negotiations takes effect.
  • (5) The commission must deliver its written decision to the applicant.

2019-32-19, effective September 30, 2020 (B.C. Reg. 57/2020).