Whereas the Agricultural Land Commission Act states farm use means an occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection Right to Farm Act; And whereas the Agricultural Land Reserve Use, Subdivision and Procedure Regulation the ALR Regulation has differentiated the lawful production of cannabis from other farm use by limiting the structures for production, and narrowing the definition of necessary activities under section 23, unlike any other crop in British Columbia: Therefore be it resolved that UBCM request the provincial government to amend the ALR Regulation in order to clarify the interpretation of section 22.5 of the ALR Regulation regarding the lawful production of cannabis inside a structure a that has a base consisting entirely of soil, and clarify that when producing cannabis in a greenhouse, it has the same meaning as Greenhouse under section 2oi of the Regulation. Circumscribing cannabis production in structures that are lawful by regulation for all other crops, may not withstand judicial review; And be it further resolved that UBCM request the provincial government to amend the ALR Regulation section 22.5 to resemble something like the following: 2.5The lawful production of cannabis is designated as farm use for the purposes of the Act if produced outdoors in a field or inside a structure awhich has a base consisting entirely of soil, and i that is moveable in nature; or ii on a helical pile foundation; or iii whose base does not create irreversible damage to the soil.
Ministry of Agriculture In July 2018, the Provincial Government adopted a policy, as reflected in a regulation under the Agricultural Land Commission Act, that local and First Nation governments are only prevented from prohibiting cannabis production on the Agricultural Land Reserve ALR if the cannabis is produced: a. outdoors in a field, b. inside a structure that has a base consisting entirely of soil, c. inside a structure existing and used to grow crops as of July 13, 2018, and its base is not altered to increase its size and the material used as its based is unchanged, or d. inside a structure under construction with all required authorizations as of July 13, 2018 and continues uninterrupted to completion, and its base is not altered to increase its size and the material used as its based is unchanged. Local governments that are not regulated communities are able to prohibit all other methods of cannabis production using their zoning authority. First Nation governments may prohibit all other methods of cannabis production through their land use laws. No method of cannabis production on the ALR requires approval of the Agricultural Land Commission. Prior to July 2018, no local or First Nation government could prohibit any method of lawful cannabis production. The July 2018 policy change enabled local and First Nation governments to make decisions about cannabis production that align with local planning and community priorities while it protected methods of cannabis production that preserve the agricultural capability of the ALR.