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Planning Opportunities and Processes
The bylaws and processes of greatest significance to the Provincial Agricultural Land Commission are outlined here. It is strongly recommended that local governments developing or amending plans and bylaws consult with the Commission early in the process.
Growth Strategies
The framework for land use planning and the protection of the resource lands commences at the growth strategy level. The Commission believes that it is very important for it to be involved at this strategic level. It is recommended that local governments contemplating future Growth Strategy processes liaise with the Commission and the Ministry of Agriculture and Lands (MAL). Unless the plan area has very little ALR it is likely that both organizations would wish to be involved. Consideration should also be given to the need for the Commission and MAL to be involved in other growth strategy processes such as technical working groups or steering committees working on issues specific to agriculture as part of the plan development process.
Official Community Plans (OCPs)
OCPs continue to play a major role in land use planning and commonly are of greatest significance to agriculture, as recognized by the referral requirement of the Local Government Act with respect to ALR lands. The processes for involving the Commission and MAL will differ for each area of the Province, according to the issues and location of each local government.
- With respect to agricultural issues, local governments may wish to consider including
policies for the maintenance and enhancement of farming and development permit areas
for the protection of farming as provided for in the Local Government Act.
Useful references include Planning for
Agriculture and ALR & Community Planning Guidelines.
The Local Government Act strategic and consultation guidelines are being prepared and are aimed at improving communications between local governments and Provincial Ministries. The Commission sees them as being complementary to its own processes but once these guidelines have been finalized, the Commission processes may need adjustment. The following points are offered for guidance.
- Usually consultation relating to agricultural issues will involve both the Commission and MAL. Both members of the Agri-Team should be contacted.
- It is important that the initial consultation be early in the planning process.
Notification of commencement can be by way of a letter sent to both Agri-Team members.
Attendance at any initial meetings to gain an understanding of the issues and perspectives of the
various stakeholders will be given priority and thereafter attendance at subsequent
meetings will depend upon the issues and the availability of staff. Agri -Team
members may alternate attendance at meetings where resources do not permit both
members to attend.
- The first draft of the OCP should be submitted for comment as early as possible and
preferably before first reading so that any major difficulties can be pin pointed,
discussed and resolved. The Commission Panel may become involved at this stage,
particularly if issues remain that are of concern to the Commission upon formal
referral after first reading. Where Commission opposition is expressed to the formal
referral, the Panel may need to discuss the matter further with local government to
resolve issues.
- A situation where a referral of a bylaw to the Ministry of Community, Aboriginal and Women's Services is made
which contains provisions to which the Commission is opposed should be avoided
wherever possible.
Land Use Bylaws
While there is no statutory requirement to refer these bylaws to the Commission it is important that, as with OCPs, referral is made to the Commission and to MAL early in the process.
The Agricultural Land Commission Act requires that the bylaw must be consistent with the Act. In addition, Section 903 (5) of the Local Government Act requires that bylaws not restrict the use of land for a farm business, unless approved by the Minister of Agriculture and Lands once a regulation under section 918 is passed. The MAL Guide for Bylaw Development in Farming Areas provides a useful set of standards for bylaw amendments involving the ALR. It is suggested that approval of the bylaw by the Minister of Agriculture and Lands with respect to any provisions that may prohibit or restrict the use of farm land be considered. Such approval removes the requirements relating to intensive agriculture in terms of Section 915 of the Local Government Act and paves the way for the use of farm bylaws in situations where these may be considered appropriate.
Farm Bylaws
Where a regulation has been approved under Section 918 of the Local Government Act, it is possible for a local government to prepare Farm Bylaws in terms of Section 917 of the Local Government Act. Farm bylaws are designed to provide a mechanism for enhancing land use compatibility and resolving issues relating to farming activity that are difficult to regulate in terms of conventional land use bylaw provisions. They provide the potential for greater flexibility when dealing with operational and other matters. All farm bylaws must be approved by the Minister of Agriculture and Lands. As a result, it is highly recommended that MAL be closely involved in their development and that the involvement of the local agricultural community be considered. MAL strongly encourages that farm bylaws be developed in conjunction with overall land use bylaw reviews to ensure that the most appropriate bylaw is used in a given situation. The initial contact can be made through the MAL Agri-Team member but other Ministry specialists may become involved later in the process.
Agricultural Area Plans
This is a process that is becoming more common with agriculturally focused planning process being undertaken by a number of local governments. For those jurisdictions that have significant ALR and farming activity or potential, an agricultural area plan provides a mechanism for effectively identifying and dealing with farming issues and developing policies that are supportive of the industry, ensure greater land use compatibility and the industry's long term sustainability. Commonly, agricultural area plans have been assisted by steering committees appointed by Council or the Board, relying heavily on representation from the farm community. It is also common for the Commission and MAL (usually the Agri-Team) to be involved as members or advisors to the steering committees overseeing the plans. The Resource Management Branch of MAL is also often involved and can provide advice and reference material. This form of planning process is strongly supported by the MAL and the Commission.
For detailed information on Agricultural Area Plans, refer to Chapter 7 of Planning for Agriculture. For information on local governments that have prepared agricultural area plans, contact the Resource Management Branch of MAL.
Other Bylaws
Various other bylaws and planning processes can have an impact on farming. Examples include those relating to composting, animal control, burning, soil removal and deposition. The Commission relies on local governments to alert it to work commencing on these other forms of bylaws and processes so that the Commission can provide input as required and determine whether greater involvement is required or other staff need to get involved.
Land Resource Management Plans
It is recognized that the Land Resource Management Plan process is not driven to any major degree by local governments. Nevertheless because of its importance in many of the rural areas of the Province it is worthy of a mention here. Generally the Commission relies on the MAL representative to look after its interests at the table for ALR issues.
Integrated Watershed Planning
Competing land use interests has led to several integrated watershed planning exercises. As many affect agricultural lands it is important that the Agri-Teams become involved to represent agricultural interests and ensure that the process recognizes the protection afforded farming in terms of the Farm Practices Protection (Right to Farm) Act, the Local Government Act and the Agricultural Land Commission Act. Contact should again be through the Agri-Teams.
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