Provincial Interest in the Agricultural Land Commission Act

A report to the Minister of Agriculture and Food
by Moura Quayle
September 25, 1998

Introduction
Recommendation 1: Define Provincial Interest in the Act
Recommendation 2: Protection of Agricultural Land is in the Provincial Interest
Recommendation 3: Establish an Open, Accountable Decision-Making Process
Recommendation 4: Promote Integrated Land Management and Agricultural Innovation

STAKES IN THE GROUND:

Provincial Interest in the Agricultural Land Commission Act

REPORT SUMMARY

Under British Columbia’s Agricultural Land Commission Act (the Act) the provincial Cabinet may consider inclusions, exclusions and designation changes concerning agricultural land in the Agricultural Land Reserve if the application for change is considered in the Provincial interest.

This Report Summary briefly outlines my recommendations. The supporting arguments for these recommendations are found in the body of the Report.

The Minister of Agriculture and Food requested that I consider and report on the following:

Should the expression "provincial interest" in section 40 be defined in the Act or regulations, and if so, consider options for that definition?

and

Should the balancing test found in section 43 of the Act be clarified and if so, how should competing values be weighed?

A few important points provide a background for reviewing "provincial interest":

• Agricultural land is scarce in British Columbia. Of the land in British Columbia, less than 3% is capable of supporting a range of agriculture; just over 1% is considered prime agricultural land, and less than 0.01% is capable of producing the tree fruit we associate with "Grown in BC" pride.
• Agricultural land is sensitive and precious. Fertile soil and the physical and environmental conditions for agriculture are unique and irreplaceable resources. Yet this sensitive natural system supports an industry ranked in the largest economic sectors of the province, with attendant family, community, cultural and provincial economic benefits.
• Prior to the creation of the Agricultural Land Reserve in 1973, government figures estimated 6,000 hectares (15,000 acres) of prime agricultural land was lost to urban non-agricultural development each year.
• Population growth is rapid in British Columbia, and, historically, agricultural land has been developed because it is one of the easiest places to build. There is no indication that this development pressure will diminish.

The following recommendations are based on the belief that the preservation of agricultural lands is critical to the future of the province, particularly in relation to sustaining a safe and secure food supply.

Recommendation 1:
Define Provincial Interest in the Act

The expression provincial interest should be defined in the Act as province-wide public interest and should include consideration for:

• the preservation of agricultural lands as a scarce and non-renewable resource and the promotion of agricultural use of the land;
• the long-term consequences of exceptional inclusions, exclusions or designation changes to agricultural land in the Agricultural Land Reserve (ALR); and
• an open and accountable decision-making process.

Proposed Definition:

"Provincial Interest" means the public interest of all British Columbians related to the preservation of agricultural lands, and includes the following essential characteristics:

1. province-wide context;
2. long-term consequences;
3. open and accountable decision-making; and
4. the preservation and management of scarce and important provincial assets.

Recommendation 2:
Protection of Agricultural Land is in the Provincial Interest

The preservation of agricultural lands and the promotion of agricultural purposes is in the Provincial Interest. In any balancing test to consider overriding the value of agricultural purposes, the following priorities are proposed:

• preservation of agricultural lands and the promotion of agricultural purposes;
• environmental and heritage factors; and
• economic, social and cultural factors.

Environmental and heritage values share a long-term perspective and a uniqueness with agricultural values. However, in the ALR these purposes on a site should only override agricultural purposes if they cannot be replaced or re-located to another non-agricultural site OR if these purposes result in a "no net-loss" to the agricultural capabilities of the area. No net-loss means replacing the land in the ALR with the same size or larger site that has equal or better agricultural capability.

Economic, social and cultural factors reflect a short-term and often private instead of public perspective. For these reasons, they should factor little in any consideration of the Provincial Interest.

Recommendation 3:
Establish an Open, Accountable Decision-Making Process

In the exceptional cases when Cabinet reviews an application for inclusion, exclusion or designation change to agricultural land in the Agricultural Land Reserve, the decision-making process should be open and accountable. To accomplish this, I recommend the following:

• To improve informed decision-making:
  • Establish the position of "Provincial Agrologist", similar to the Provincial Forester or Provincial Health Officer;
  • Establish the Environmental Assessment Board and add the Provincial Agrologist to the Board when dealing with a Provincial Interest referral;
  • Require a written submission from the Agricultural Land Commission at the beginning of a Provincial Interest referral; and
  • Require that the ALC provide comments on the report from the Board prior to the Cabinet decision.

• To ensure an open and informed province-wide decision-making process:
  • Provide the public with a discussion paper prepared by the Board which includes a clear summary of the application;
  • Require that a public hearing be held in the six regions of the province to ensure province-wide input; and
  • Release the Board’s report for public review before Cabinet’s decision.

• To ensure accountability:
  • Require that both the Board and Cabinet make their decisions relative to the new proposed definition of Provincial Interest;
  • Allow any member of the Commission, a Regional District Board or Municipal Council or a displeased owner to apply to Cabinet to start a Provincial Interest reference; and
  • Hold land-owners accountable for exclusions by requiring specialized contracts to make sure that the project proceeds "as promised".

Recommendation 4:
Promote Integrated Land Management and Agricultural Innovation

While I believe strongly in the preservation argument that is the basis for the Provincial Interest definition, there is also the need to address the broader context of agriculture and its future. Preservation in isolation will not be enough. The following recommendations address our need to move forward in support of agriculture and general resource management in the province.

• Promote Integrated Land Management: A BC Lands Trust
  • Establish a BC Lands Trust with an umbrella trust for agriculture so that a percentage of the billions of dollars of intergenerational wealth in the province can be put to good use as citizens are encouraged to donate their land or their cash assets to the Trust;
  • Improve integration of our land planning functions by combining the Agricultural Land Commission and the Forest Land Commission as well as generally broadening the Commission’s mandate to incorporate the management of resource lands generally; and
  • Request that the ALC and municipalities in B.C. initiate a review of the so-called marginal agricultural lands (classes 4 and 5) through first developing agricultural and open space plans and then evaluating potential changes on the basis of agricultural capability, no net-loss and a no negative effects to adjacent agricultural lands.

• Promote agriculture reparation and innovation through a comprehensive agri-food policy that includes:
  • Creating an Agriculture Infrastructure Fund under the proposed B.C. Lands Trust to help provide a reasonable return on land investment and for growth opportunities through innovation in agriculture;
  • Supporting education and basic research partnerships; and
  • Encouraging the next generation of farmers with the possibility of land leases and capital loans through the Agricultural Infrastructure Fund. I thank the Minister for the opportunity to work on this Review. Many thanks go to those who generously gave their time, energy and thoughtful comments.

Without the courage to hold firm, with stakes in the ground, there will be no incentive to better manage our land base in the face of competing uses. We must halt the slow but steady erosion of our agriculture and food resources, and support our varied agricultural industries. As a forward thinking society, we must dig in, take responsibility, and make sure that future generations have a vibrant agricultural land base.

Respectfully submitted,

Moura Quayle
Dean, UBC Faculty of Agricultural Sciences
September 25, 1998

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