Secondary Dwellings

Year
2014
Number
B115
Sponsor(s)
Spallumcheen

WHEREAS the smaller working farms in British Columbia have been struggling financially because of numerous changes in provincial legislation, a large increase in land values, an aging generation of farmers, as well as other hardships; AND WHEREAS allowing a permanent second residence and existing second residences to be used by family members, retiring farmers who want to remain on the farm, or renters for an additional source of income and to help smaller farms remain in operation: THEREFORE BE IT RESOLVED that UBCM urge the Ministry of Agriculture and the Agricultural Land Commission to allow a permanent second residence to a maximum size of 2,000 square feet within a home plate footprint and away from viable farmland to help supplement farm income andor to provide accommodations for aging family members.

Provincial Response

Ministry of Agriculture The Agricultural Land Commission Act ALCA sets out the structure and operations of the Agricultural Land Commission ALC and identifies permissible land uses within the Agricultural Land Reserve ALR. The Agricultural Land Reserve Use, Subdivision and Procedure Regulation ALR Regulation provides greater specificity to many of the provisions in the ALCA. The current provision for secondary housing on ALR is within the ALCA, ALR Regulation, Section 3 1 b i and ii. It states that for each parcel, one secondary suite within a single family dwelling and one manufactured home, up to 9m in width, for use by a member of the owners immediate family, are permitted uses of land in the ALR. In July 2014 a consultation was conducted on proposed additional activities that could be allowed on farmland in the ALR without a requirement to make an application to the ALC; on whether, and to what extent, these allowable uses should vary between different regions of the province; and on what parameters should be put around the proposed new uses. Question 11 of the consultation raised the issue of intergenerational transfer of an active farm or ranch operation. Allowing life estate leases for intergenerational transfer would allow retiring farmers to continue to live on their property while leasing or selling it to their children or other new entrants. The lease could allow a second residence to be established on the property, but no permanent subdivision of property would be involved. The results of the consultation process are currently being analyzed. Any changes to the Regulation will be made public when the analysis is complete.

Convention Decision
Endorsed