Federal Port Operations on Agricultural Land

Year
2015
Number
LR3
Sponsor(s)
Richmond

Whereas the Agricultural Land Reserve Act and regulations establish the Agricultural Land Reserve ALR as a provincial zone in which agriculture is recognized as the priority land use, farming is encouraged, and non-agricultural uses are restricted; And whereas the Canada Marine Act empowers federal port authorities to undertake port activities including the shipping, navigation, transporting and handling of goods and passengers, including managing, leasing, licensing, acquiring and disposing of lands for the purposes of operating and supporting port operations; And whereas the provisions of the Canada Marine Act effectively exempt federal port authorities operating in BC from the land use provisions of the Agricultural Land Reserve Act and regulations; And whereas Port Metro Vancouver, a federal port authority, has purchased land in Richmond, BC that falls within the Agricultural Land Reserve, and which over time it may wish to develop for port operations rather than agricultural usea situation that could occur in any region of the province where a federal port authority operates; And whereas the City of Richmond has expressed opposition to the Land Use Plan that Port Metro Vancouver prepared for the ALR land that it purchased in Richmond, specifically the fact that the plan may contemplate future non-agricultural use of ALR land: Therefore be it resolved that UBCM call on the provincial and federal governments to: - order federal port authorities operating in BC to sell at fair market value any currently held real properties that fall within the Agricultural Land Reserve; - enact legislative and regulatory changes to prohibit federal port authorities from purchasing land within the Agricultural Land Reserve if the intended use is non-agricultural; and - require federal port authorities to establish meaningful consultation processes and a formal dispute resolution process with neighbouring local governments, to address issues arising from federal port operations and activities; And be it further resolved that in the specific case of Port Metro Vancouver, UBCM urge the Board of Directors of Port Metro Vancouver to adopt a policy prohibiting the expansion of Port Metro Vancouver operations onto lands within the Agricultural Land Reserve.

Provincial Response

Ministry of Agriculture Port Metro Vancouver has not yet publicly stated whether it will develop land it owns in the Agricultural Land Reserve ALR for industrial uses. Our government has been clear that anyone seeking to have lands removed from the Agricultural Land Reserve should go through the proper process with the local community and the Agricultural Land Commission. The province is encouraged to hear recent statements by the Port Metro Vancouvers CEO, Robin Sylvester that PMV will work with the Agricultural Land Commission, if it considers changing the use of ALR lands under its control in future.

Federal Response

Minister of Agriculture Agri-Food The Government of Canada recognizes that farmland is one of Canadas most valuable assets and works with provincial governments and other partners to support farmers in their role as stewards of this resource. Protecting and managing prime farmland for long-term food production is important for the health and sustainability of this region. Minister of Transport The Port of Vancouver operates at arms length from Transport Canada and has the responsibility and the legal authority to carry out day-to-day operations related to the port within the limits established by the Canada Marine Act and its Letters Patent. The Minister of Transport is responsible, under the Canada Marine Act, for issuing Supplementary Letters Patent. However, the Ports Board of Directors is responsible for setting the strategic direction of the Port Authority and overseeing operational decisions, including land acquisition and development of lands acquired by the Port. Your resolution advocates for the establishment of a stakeholder consultation process. In that regard, I would note that currently, the Canada Marine Act, in the interest of transparency and ensuring stakeholder engagement, requires Canada Port Authorities to produce and establish the following: - audited annual financial statements; - annual meetings open to the public; - special examinations once ever five years with a report available to public; and - public land-use plans. This being the case, I would encourage you to continue to work with the Port of Vancouver to address your concerns.

Convention Decision
Endorsed