Decisions and Reconsiderations
What Can Happen After a Decision
Once an applicant has received a decision from the ALC, whether it is a refusal, approval or partial approval, there are often further possible options or required actions for the applicant.
If an application is refused, the applicant has the option to submit a request for reconsideration provided that the request is consistent with s. 33 of the ALC Act. More information on reconsideration requests can be found in Reconsideration of Decisions Requested by an Affected Person section below.
Approvals and Partial Approvals
If the Commission approves an application or a portion of the proposal, there may be other government bodies with jurisdiction over the land which must give approval before the proposed use and/or subdivision can be finalized. For this reason the ALC recommends that the applicants contact their local government subsequent to receiving an approval to determine if other approvals are required in order to proceed.
In addition to local government, the following is a list of agencies that may have other requirements prior to proceeding with a proposal subsequent to ALC approval:
Conditions of Approval
If the Commission approves an application or a portion of the proposal, there are often conditions associated with the approvals which must be satisfied before the proposal can be finalized. When there are conditions accompanying an approval they must be read carefully and followed accordingly. Confirmation of the completion of conditions is required before the ALC will sign off on a subdivision plan, inclusion, exclusion, or give final authorization for a non-farm use. The following are common conditions of approval with brief explanations of the rationale behind why the ALC may have required them in its decision. Please note that this list, as well as the rationale, is not exhaustive and is meant to provide a basic understanding and of some common conditions.
ALC Conditions of Approval
|The ALC must authorize deposit of subdivision plans to the Registrar of Land Titles. A subdivision plan may be required for approved subdivision, exclusion, or inclusion applications. Subdivision plans can be forwarded to the ALC electronically or in hard copy. If paper copies of the subdivision are submitted, the Commission requires two copies.
|Substantial compliance is often specified to ensure that final survey plans reflect the decision of the ALC. If any variations are required this is something that must be discussed with the ALC before submitting a final plan.
|Fencing may be required where the ALC believes that it is important to define a residential or commercial parcel from surrounding agricultural land. Fencing may or may not be required to be maintained via a covenant so that future land owners are aware of the obligation for maintaining the fence. Photographic proof of the fence may also be required prior to the ALC confirming condition compliance.
See Landscape Buffer Specifications
|The planting and maintenance of vegetative buffers may be required for the purpose of buffering the farm from non-farm activities. Buffers may or may not be required to be maintained via a covenant so that future land owners are aware of the obligation for maintaining the buffer area.
See Landscape Buffer Specifications
|Time limits may be imposed to ensure completion of approvals within the current context of the ALC and local government legislation. If an approval is nearing expiration, an applicant may request an extension. The extension request may or may not be granted depending on the individual circumstance causing the delay in completion.
In addition, a decision may approve a use of land for a specific period of time after which the approval expires and the use must cease.
|Compliance with the Homesite Severance Policy
|If a subdivision is approved in accordance with the ALC Homesite Severance Policy the applicant must provide documentary evidence showing a legitimate intention to sell the remainder of the property, and a written commitment that the Homesite is not to be resold for five years except in the case of estate settlements. Proof of compliance must be satisfied prior to the ALC authorizing a subdivision plan for deposit with the Registrar of Land Titles.
See Policy #11: Homesite Severance Policy
|The registration of a covenant may be required to ensure that agreements made by the current applicant are honoured by future land owners. Covenants may be required for vegetative buffers, fencing, restriction of buildings, restriction of sale, binding of titles, etc.
|An approval for non-farm use may be granted for the sole benefit of the applicant and not transferable to other operators or future land owners to provide for removal of the non-farm use from the property.
|An Irrevocable Letter of Credit may be required to ensure compliance with conditions of a decision. An irrevocable letter of credit is held by the ALC until it is satisfied that all conditions have been met. Financial security is most commonly required for applications which require remediation of land, such as placement of fill or extraction of soil and non-farm uses.
|Approvals for soil related applications often have conditions which are in place to ensure that the land under proposal is not adversely impacted for agricultural use including but not limited to pre and post-site assessments, supervision by a qualified professional, annual reports, financial security, closure report, etc.
If an applicant proceeds without satisfying all of the conditions, does not comply with the conditions, or if a decision expires, the ALC has a Compliance and Enforcement Department which will investigate steps to bring the issue into compliance. However, if compliance does not work the ALC may have to resort to enforcement options.