BILL 27 – 2004
AGRICULTURAL LAND COMMISSION AMENDMENT ACT, 2004
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1 Section 1 of the Agricultural Land Commission Act, S.B.C. 2002, c.
36, is amended
(a) by renumbering the section as section 1 (1),
(b) in subsection (1) by adding the following definitions:
"agreement in principle" means a non-binding
agreement, negotiated among a first nation government, the Province and Canada
in accordance with a process developed under the Treaty Commission Act,
that
(a) has been approved by each party in accordance with the
approval process provided in the agreement in principle, and
(b) contemplates that legislative authority over all or
part of the proposed treaty settlement lands described in the agreement in
principle will, under a final agreement or a governance agreement and an
enactment of the Province or Canada, be provided to the first nation;
"enactment of the Province or Canada" includes an
enactment as defined in the Interpretation Act (Canada);
"first nation government" means,
(a) in relation to treaty settlement lands, the governing
body of the first nation that has legislative authority over the treaty
settlement lands, and
(b) in relation to proposed treaty settlement lands, an
aboriginal governing body that
(i) the first nation, in relation to which an agreement in
principle applying to those lands has been entered into, has organized and
established within its traditional territory in British Columbia, and
(ii) has been mandated by the members of that first nation
to enter into treaty negotiations on their behalf in accordance with a process
developed under the Treaty Commission Act;
"law", in relation to a first nation government
described in paragraph (a) of the definition of "first nation government", means
the result of the exercise by the first nation government of legislative
authority provided to the first nation under
(a) an enactment of the Province or Canada, or
(b) a final agreement or a governance agreement,
negotiated among the first nation government, the Province and Canada in
accordance with a process developed under the Treaty Commission Act, and
an enactment of the Province or Canada;
"notice to suspend negotiations" means a notice to
suspend negotiations sent by one party to an agreement in principle to the other
parties;
"person" includes a first nation government;
"proposed treaty settlement lands" means land
described in an agreement in principle as the land that will become, in whole or
in part, the first nation's treaty settlement lands under a final agreement or a
governance agreement and an enactment of the Province or Canada;
"treaty settlement lands" means land, other than
land located within a reserve as defined in the Indian Act (Canada), that
is subject to the legislative authority of a first nation under
(a) an enactment of the Province or Canada, or
(b) a final agreement or a governance agreement,
negotiated among the first nation government, the Province and Canada in
accordance with a process developed under the Treaty Commission Act, and
an enactment of the Province or Canada. ,
(c) in subsection (1) by repealing the definition of ' "owner"
or "owner of land" ' and substituting the following:
"owner", subject to subsection (2), means
(a) in relation to land registered in the records of the
land title office, the person registered in those records as the fee simple
owner of the land,
(b) in relation to treaty settlement lands,
(i) if an agreement under this Act between a first nation
government and the commission defines "owner" for the purposes of the
application of this Act to the treaty settlement lands of the first nation, a
person described by that definition, and
(ii) otherwise, the first nation government,
(c) in relation to land vested in a municipality under
section 35 of the Community Charter, the municipality, and
(d) in relation to Crown land, the government; ,
and
(d) by adding the following subsections:
(2) For the purposes of an application under section 17
(3), 20 (3), 21 (2) or 30 (1) in relation to proposed treaty settlement lands,
the first nation government may apply as if it were the owner of those lands
from the date that
(a) an agreement in principle in relation to those lands
is approved by each party to it in accordance with the agreement in principle,
or
(b) if a notice to suspend negotiations has earlier taken
effect, an agreement among the parties to the agreement in principle to resume
negotiations takes effect,
until the earlier of the following dates:
(c) the date an enactment of the Province or Canada
establishes all or part of the proposed treaty settlement lands as treaty
settlement lands;
(d) the date that a notice to suspend negotiations takes
effect.
(3) For the period that a first nation government is
authorized to make an application in relation to proposed treaty settlement
lands, the owner of that land may not make an application.
2 Section 5 (1) is amended by striking out "or local
government." and substituting ", local government or first nation
government."
3 Section 13 is amended
(a) in subsection (1) by adding the following paragraph:
(e) the form and content of a first nation government's
plan that has the same or similar purposes as an official community plan of a
local government. , and
(b) in subsections (2) and (3) by adding "or the first nation
government, as applicable," after "local
government".
4 Section 17 is amended
(a) in subsection (1) by striking out "for land within the
local government's jurisdiction," and substituting "in respect of
land within the local government's jurisdiction or by a first nation government
in respect of the first nation's treaty settlement lands,",
(b) by repealing subsection (2) and substituting the
following:
(2) For a matter under subsection (1), a public hearing
must be held in the manner, and after giving the notice, required by the
regulations, by
(a) the commission, if the commission is acting on its own
initiative,
(b) the local government before making an application,
and
(c) the first nation government before making an
application. , and
(c) by adding the following subsections:
(4) A decision of the commission granting an application
under subsection (3) in relation to proposed treaty settlement lands may not be
made effective unless and until those lands are established, in whole or in
part, as treaty settlement lands.
(5) Unless a decision granting an application under
subsection (3) first becomes effective under subsection (4), the decision
expires on the earlier of the following dates:
(a) the date the decision expires according to its
terms;
(b) the date that a notice to suspend negotiations takes
effect.
5 Section 18 (a) is amended by striking out everything before
subparagraph (i) and substituting "a local government, a first nation
government or an authority, or a board or other agency established by a local
government, a first nation government or an authority, or a person or agency
that enters into an agreement under the Local Services Act may
not".
6 Section 25 is amended
(a) in subsection (3) by striking out "An application under
this section" and substituting "An application referred to in
subsection (1), except such an application from a first nation
government,",
(b) by adding the following subsection:
(3.1) An application referred to in subsection (1) in
relation to treaty settlement lands may not proceed unless authorized by a law
of the first nation government of the first nation that has legislative
authority over the treaty settlement lands. ,
(c) in subsection (4) by striking out "under this
section," and substituting "referred to in subsection (1),",
and
(d) by adding the following subsections:
(4.1) A decision of the commission under subsection (1)
(b) or (c) in relation to proposed treaty settlement lands may not be made
effective unless and until
(a) those lands are established, in whole or in part, as
treaty settlement lands, and
(b) the first nation government in relation to those
treaty settlement lands enacts a law approving the commission's decision and
provides a certified copy of the law to the commission.
(4.2) Unless a decision under subsection (1) (b) or (c)
first becomes effective under subsection (4.1), the decision expires on the
earlier of the following dates:
(a) the date the decision expires according to its
terms;
(b) the date that a notice to suspend negotiations takes
effect.
7 Section 26 is amended
(a) in subsection (1) by striking out "or an authority"
and substituting ", a first nation government or an authority" and
by striking out "or authority:" and substituting ", first
nation government or authority:",
(b) in subsection (1) by adding the following paragraph:
(c) a first nation government in respect of treaty
settlement lands. ,
(c) in subsection (3) by striking out "or authority" and
substituting ", first nation government or authority",
(d) in subsection (4) by adding "and a decision of a first
nation government under this section must be made by a law of the first nation
government" after "governing body of the
authority",
(e) in subsection (5) by striking out "or an authority"
and substituting ", a first nation government or an authority" and
by striking out "or authority" and substituting ", first
nation government or authority",
(f) in subsection (6) by adding "or first nation
government" before "under section 34 (3)",
(g) in subsection (7) by striking out "or an authority"
and substituting ", a first nation government or an
authority",
(h) in subsection (7) (a) by striking out "or authority"
and substituting ", first nation government or authority",
and
(i) by adding the following subsection:
(8) If the commission enters into an agreement under
subsection (1) (c) with a first nation government in relation to treaty
settlement lands, that agreement or another agreement under this Act must
include a definition of "owner" for the purposes of paragraph (b) (i) of the
definition of "owner" in section 1 (1).
8 Section 27 (6) is amended by striking out "or an
authority" and substituting ", a first nation government or an
authority".
9 Section 29 is amended
(a) in subsection (1) by striking out everything before paragraph (a)
and substituting the following "On the commission's own initiative or on
application by a local government in respect of land within the local
government's jurisdiction or by a first nation government in respect of the
first nation's treaty settlement land, the commission may",
and
(b) by repealing subsection (2) and substituting the
following:
(2) For a matter under subsection (1), a public hearing
must be held in the manner, and after giving the notice, required by the
regulations, by
(a) the commission, if the commission is acting on its own
initiative,
(b) the local government before making an application,
and
(c) the first nation government before making an
application.
10 Section 30 is amended
(a) in subsection (4) by striking out "An application under
this section" and substituting "An application under this section,
except an application from a first nation government,", and
(b) by adding the following subsections:
(4.1) An application under this section in relation to
treaty settlement lands may not proceed unless authorized by a law of the first
nation government of the first nation that has legislative authority over the
treaty settlement lands.
(5.1) A decision of the commission under subsection (2)
(b) or (c) in relation to proposed treaty settlement lands may not be made
effective unless and until
(a) those lands are established, in whole or in part, as
treaty settlement lands, and
(b) the first nation government in relation to those
treaty settlement lands enacts a law approving the commission's decision and
provides a certified copy of the law to the commission.
(5.2) Unless a decision under subsection (2) (b) or (c)
first becomes effective under subsection (5.1), the decision expires on the
earlier of the following dates:
(a) the date the decision expires according to its
terms;
(b) the date a notice to suspend negotiations takes
effect.
11 Section 31 is amended by striking out ", bylaws of the local
government," and substituting ", bylaws of the local government,
laws of the first nation government,".
12 Section 32 is amended by striking out "local
government" and substituting "local government or first nation
government".
13 Section 33 (3) is amended by striking out "a local
government or" and substituting "a local government, a first
nation government or" and by striking out "the local government
or" and by substituting "the local government, first nation
government or".
14 Section 34 is amended
(a) in subsection (2) by striking out "A local
government" and substituting "A local government or a first nation
government",
(b) in subsection (3) by striking out "and" at the end of
paragraph (b), by adding ", and" at the end of paragraph (c) and
by adding the following paragraph:
(d) to the first nation government, if the land described
in the application is in the treaty settlement lands of the first nation.
,
(c) by adding the following subsection:
(3.1) Despite subsection (3), a first nation government
that makes an application as the owner of proposed treaty settlement lands must
do so by
(a) submitting the application, and
(b) except in the case of an application under section 17
(3), paying the prescribed fee
to the commission. ,
(d) in subsection (4) by striking out "A local
government" and substituting "A local government or a first nation
government",
(e) in subsection (4) (b) by striking out "the local
government's comments and recommendations concerning the application." and
substituting "the comments and recommendations of the local government
or the first nation government in respect of the
application.",
(f) by repealing subsection (5) and substituting the
following:
(5) If section 25 (3) or (3.1) or 30 (4) or (4.1) applies
in relation to an application or proposed application and the required
resolution or law is refused, the requirement in subsection (4) (b) of this
section does not apply. , and
(g) in subsection (7) by striking out "local government"
and substituting "local government or first nation
government".
15 Section 35 is amended
(a) in subsection (1) by striking out "A local
government" and substituting "A local government or first nation
government",
(b) by repealing subsection (2) and substituting the
following:
(2) Despite subsection (1), if section 25 (3) or (3.1) or
30 (4) or (4.1) applies in relation to an application or proposed application
and the required resolution or law is refused, the local government or first
nation government, as applicable, must return to the applicant the portion of
the application fee that would otherwise be remitted to the commission under
subsection (1) (b) of this section. ,
(c) in subsection (3) by striking out "local government
officer" and substituting "local government officer or the
official designated for this purpose by the first nation government",
and
(d) in subsection (5) by striking out "local government"
in both places and substituting "local government or first nation
government".
16 Section 36 (1) is amended by striking out "under section
34" and substituting "referred to in section
34".
17 Section 38 is amended by striking out "a local
government," and substituting "a local government, a first nation
government,".
18 Section 40 (4) is amended by striking out "local
government" and substituting "local government, a first nation
government".
19 Section 46 is amended
(a) in subsection (1) by striking out "and" at the end of
paragraph (a), by adding ", and" at the end of paragraph (b) and
by adding the following paragraph:
(c) a first nation government law respecting land use
within the treaty settlement lands of the first nation government.
,
(b) by repealing subsection (2) and substituting the
following:
(2) A local government in respect of its bylaws and a
first nation government in respect of its laws must ensure consistency with this
Act, the regulations and the orders of the commission. ,
(c) in subsections (3), (4) and (6) by striking out
"bylaw" and substituting "local government bylaw or a
first nation government law",
(d) in subsection (5) by striking out "a bylaw" and
substituting "a local government bylaw or a first nation government
law" and by striking out "further bylaw," and substituting
"further bylaw or law,", and
(e) in subsection (7) by striking out "bylaws" and
substituting "local government bylaws or first nation government
laws".
20 Section 48 is amended by striking out "a local
government" and substituting "a local government, a first nation
government".
21 Section 56 is amended
(a) in subsection (1) by striking out "a local
government" and substituting "a local government, a first nation
government",
(b) in subsection (1) (a) and (b) by striking out "the local
government" and substituting "the local government, first nation
government", and
(c) in subsection (2) by striking out "a local
government" and substituting "a local government or a first nation
government" and by striking out "the local government" and
substituting "the local government or first nation
government".
22 Section 58 (2) is amended
(a) in paragraph (b) by striking out "enactment;" and
substituting "enactment or a law of a first nation
government;",
(b) by repealing paragraph (g) and substituting the
following:
(g) respecting the manner of holding hearings and
meetings, obtaining public comment and prescribing notice requirements for
applications, hearing and other matters, which regulations may be different for
different categories of persons; ,
(c) in paragraph (h) by striking out "a local
government," and substituting "a local government, a first nation
government,", and
(d) in paragraphs (m) and (o) by striking out "local
government" and substituting "local government or first nation
government".
Commencement
23 This Act comes into force by regulation of the
Lieutenant Governor in Council.