Subdivision in the ALR

Most subdivisions of ALR land require approval from the ALC.

Some limited types of subdivision are permitted without an application if they meet specific rules set out in section 3 of the ALR General Regulation. 

Approving officers are not allowed to approve a subdivision of ALR land under the Land Title Act or the Strata Property Act unless:

• the ALC has approved the subdivision, or
• the subdivision is permitted under the ALR General Regulation.

Similarly, the Land Title Office cannot register plans or create new parcels that result in the subdivision of ALR land unless the subdivision is permitted under the ALR General Regulation or the ALC has approved the subdivision.

The restrictions on subdivision of land in the ALR apply to all parcels in the ALR, including parcels that are less than 2 acres in area.

A subdivision generally means dividing land into two or more parcels, even if no new lots appear on a map. This can happen in many ways, including:

• filing a subdivision plan,
• creating or amending a strata plan,
• transferring or leasing part of a strata’s common property for more than 3 years,
• a lease for a term greater than 3 years of agricultural land that is less than an entire registered parcel (other than a lease for a building or part of a building),
• registering a statutory right of way, or
• adjusting boundaries, even if no new parcels are created.

Some plans that appear administrative or technical can still result in a subdivision if they affect only part of a parcel (for example, plans that dedicate land as a road, return land to the Crown, or extinguish a highway).

For more information on the types of plans that require ALC approval:

• ALC Information Bulletin 09: Subdivision and Plans that Cause Subdivision 

Subdivision applications are submitted through the ALC Portal and are first reviewed by the local government or First Nation government who may resolve to forward the application before it can be considered by the ALC.

Learn more about how to submit an application:

• Application Process

ALC staff cannot provide advice on how to obtain approval or comment on the potential outcome of an application.  

When reviewing subdivision applications involving land in the ALR, the ALC is required to give priority to protecting and enhancing the size, integrity and continuity of the ALR and its use for farming.

The ALC’s overarching objective is to maintain the long-term integrity of the ALR land base for agricultural use, beyond the needs or circumstances of the current landowner.

In general, when reviewing a subdivision proposal, the ALC may consider factors such as:

• The agricultural capability and suitability of the land
• Potential impacts on current and future farm use
• The resulting property size, shape, and configuration
• Whether the proposal would fragment agricultural land
• Surrounding land uses and edge planning‑ considerations
• The long-term integrity of the ALR land base

Every application is reviewed on its own merits, taking into account the specific circumstances of the proposal and the purposes of the Agricultural Land Commission Act (ALCA).

When considering whether to grant a subdivision applications the ALC gives little weight to factors which do not relate to the purposes and priorities set out in the ALCA.

While all applications are considered on their own merits, the following reasons for subdivision are generally given little weight because, in most cases, they do not relate to the purposes and priorities of the ALCA:

• Personal or family financial considerations
• Making properties easier to finance or mortgage
• Creating additional residential lots for family members
• Generating funds to reinvest in a farm or other business
• Facilitating residential or housing development
• Severing co-ownerships‑, estates, or business partnerships

While these circumstances may be important to landowners, in most cases they do not promote the statutory purposes of the ALC or support the ALC’s legislated priority to protect and enhance the size, agricultural land and the long-term integrity of the ALR.

Learn more about application considerations:

• What the Commission Considers

The Agricultural Land Commission Act (ALCA) and its regulations do not specify a minimum parcel size in the ALR.

Local governments may establish zoning bylaws that set rules such as minimum parcel sizes, permitted uses, and building regulations. These bylaws may apply to land both inside and outside the ALR; however, the ALCA takes precedence over local bylaws.

Any proposed subdivision of ALR land is not guaranteed ALC approval even if it is consistent with the local government’s minimum parcel size.  

Parcel size is one of several factors that may be relevant to farming; however, there is no single parcel size that determines whether land can or should be farmed.

When reviewing subdivision applications in the ALR, the ALC focuses on whether a proposal supports or negatively affects agricultural use and the long-term integrity of the ALR. Larger or smaller parcels may be appropriate depending on the type of agriculture, land capability, configuration, and surrounding land uses.

In general, larger properties are more likely to support a range of farming activities, including crop rotation, grazing, and efficient use of farm equipment, and provide more space for farm structures. Smaller properties may not be suitable for certain farming activities which require more space and are more likely to shift toward residential or lifestyle use, reduce agricultural productivity, and increase conflict between farm and non‑farm uses. However, all applications are considered on their own merits and in light of the particular characteristics of the property in question.

The ALC’s Homesite Severance Policy gives consideration to eligible landowners who have owned and lived on an ALR property continuously prior to establishment of the ALR, to apply for a one‑time subdivision, to separate an existing homesite from the remainder of the property typically when the remaining farmland is intended to be sold.

Who may be eligible?

To qualify, an applicant must generally provide documentary evidence that:

• They owned and lived on the property as their principal residence on or before December 21, 1972, and
• They intend to sell the remaining land (such as an interim agreement for sale, a prospective buyer’s written statement of intent to purchase, a real estate listing, or other documentation)

Important to know

• There is no automatic right to a homesite severance
• Each application is reviewed by the ALC on its own merits
• The Commission gives priority to ensuring that the remaining land remains suitable for farming and that the long-term integrity of the ALR is protected

For full details and eligibility criteria:

• ALC Policy L‑11: Homesite Severance on ALR Lands