Whereas the Ministry of Agriculture made legislative changes in regards to Bill 15 and Bill 52 which implemented restrictions that affect residences in Agricultural Land Reserve; And whereas the changes that limit land parameters and inhibit construction of additional residences does not fit the agricultural need of most BC rural communities as it removes the possibility of multi-generational homes on family farmland thus discouraging young farmers from taking over their family farm and impeding sustainable agricultural businesses through lack of agricultural succession planning, farmland housing for families, and farm workers: Therefore be it resolved that UBCM petition the Agricultural Land Commission that the January 28, 2020 signed amendment to section 32 3 c and d of the Agricultural Land Reserve Use Regulation, BC Reg. 302019 remain permanently in effect and not expire on December 31, 2020.
Ministry of Agriculture, Foods and Fisheries After consulting with local governments, First Nation governments, agriculture-sector stakeholders, and members of the public, government amended the Agricultural Land Reserve Use Regulation to permit second residences on most ALR parcels. This regulatory permission for a second residence outlined below comes into effect December 31, 2021, and does not have an expiry date. Options for an additional small secondary home were announced on July 12, 2021, allowing farmers and Agricultural Land Reserve ALR landowners to have both a principal residence and a small secondary residence on their property with a streamlined approval process. Only permissions from local government or First Nations government will be required, and there will be no application to the Agricultural Land Commission ALC. A Notice of Intent for soilfill use is still required to be filed with the ALC. The regulatory amendments will come into effect on December 31, 2021, providing approximately six months as a transition period for local governments to adjust their processes as necessary. The new permissions will provide: - On parcels 40 hectares or smaller, if the existing residence is 500 square metres approximately 5,400 square feet or less, a second residence of 90 square metres approximately 970 square feet or less can be built. - If the existing residence is larger than 500 square metres, then a small secondary residence for non-farm use would not be permitted. However, farmers can still apply to the ALC for an additional residence for farm use. - On parcels larger than 40 hectares, a second residence 186 square metres approximately 2,000 square feet or less is permitted, no matter the size of the first residence. The new rules will allow property owners in the ALR increased housing flexibility, helping farmers and non-farmers support their families and businesses in their communities. The additional residence can be used for housing extended family, agritourism accommodation, housing for farm labour or a rental property for supplemental income. There is no longer a requirement that additional residences must be used by the landowner or immediate family members. Landowners who had previously invested in a secondary manufactured home on their land for use by immediate family members have until December 31, 2021 to obtain local government approval and ensure appropriate permits and authorizations are in place. This grandparenting period has been extended from the previous July 31, 2021 deadline. An information bulletin provides more detailed information related to manufactured homes. A July 12 Agriculture, Food and Fisheries news release contains examples of flexible housing options permitted under the regulation and a backgrounder on this change. The Ministry of Agriculture, Food and Fisheries website provides further information and a link to the Order in Council. Work leading up to recent changes: Prior to these changes being made, the Ministry of Agriculture, Food and Fisheries explored options for additional residences in the ALR. Between September and November 2019, a public engagement occurred which asked participants how to ensure the flexibility for residential uses while prioritizing agriculture in the ALR. In response, the Ministry of Agriculture, Food and Fisheries published the Ministry of Agriculture Policy Intentions Paper: Residential Flexibility in the ALR in January 2020. The policy intentions paper outlined a number of considerations to increase residential flexibility in the ALR and the types of additional residences under consideration. The paper provided the public with an opportunity to submit feedback on the options that were under consideration. The Ministry of Agriculture, Food and Fisheries also recognized the important role of local governments and engaged with them to seek their specific input. The feedback received was summarized in a What We Heard document. Completion of this residential flexibility project was impacted by the COVID-19 pandemic when ministry staff paused work on the project to support the agriculture sector with COVID-19 issues. Work on the project continued in 2020. On April 9, 2021, the Ministry published a factsheet with an update on the ongoing work.