2 STRONGER protections for farmland adopted


provincial guidelines on maximum farmhouse sizes, addressing concerns in Richmond and elsewhere regarding so-called monster homes within the ALR. The limits on house size take full effect November 5, 2019. “Today is a huge victory not only for farmers and those involved in our agriculture sector, but for every British Columbian who cares about protecting our productive agricultural land for farming!” BC agriculture minister Lana Popham exclaimed in a Facebook post 18 minutes after the legislature adjourned. She thanked the


“thousands of British Columbians” who she said contributed to the bill by participating in the public consultation that took place in early 2018 to gather ideas for revitalizing the ALC and


ALR. “Whether you participated in the public consultation process, sent me an email with feedback, or even just followed the progress of this bill along from home, I want you to know that we heard you, and we listened,” she said.


However, during committee meetings, Opposition MLAs grilled Popham on the legislation. Cariboo-Chilcotin MLA Donna Barnett questioned the fill regulation, seeking clarity around the movement of land between parcels on the same ranch. Her own property has several parcels. Popham explained that an application would have to be made to move fill between parcels, but certain materials, such as soil amendments, would be exempt if required for regular farm practices. “There are some activities on farms that we know would be a reasonable thing to do,” Popham said. “We’re doing this to create a streamlined process that’s more affordable for people and to make it easier for ranchers and farmers to do what they need to do.”


Delta South MLA Ian Paton questioned the basis for a shift from two zones to one zone, noting that it seemed


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to have been a foregone conclusion from Popham’s earliest days in office. He asked if any research had been done into the effectiveness of two zones in fostering economic activity, and was told that no, there hadn’t been any difference in outcomes between the two zones.


The vote in the legislature split along party lines. A second piece of


legislation concerning governance of the ALC is due to come forward in the spring sitting of the legislature, and it promises to be even more contentious. While the recent legislation reflected the interim report of the nine- member committee appointed last year to recommend ways to revitalize the ALC and ALR, the next bill will reflect its final recommendations. Those


were due by December 31. However, feeding Paton’s


fears that the content of the bill is already determined, MLAs received a briefing that the six regional panels will be disbanded. Popham has gone on the


record in both this paper and to MLAs saying that hasn’t been determined. “We may do that in future


legislation,” Popham said of changes to the panels. “What I can assure the member is that there will always be regional representation, whether we have a provincial panel or a regional panel system.” If there’s anything the


legislation signalled, it’s a more hands-on role for the province, something that concerns the BC Agriculture Council.


While it applauded the introduction of Bill 52,


PUBLIC access allowed Douglas Lake also claimed


ownership of trout they stocked in the two lakes to provide fishing opportunities for its own guests. A hearing on the case ended in February 2017, and in early December 2018, Justice Joel Groves issued his decision. Groves found that the road was in fact public and ordered Douglas Lake to remove the lock on the access gate. Groves said there was record of legal access to Minnie Lake by a trail noted


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COUNTRY LIFE IN BC • JANUARY 2019 nfrom page 1


executive director Reg Ens said the council’s board worries that BC is becoming a less friendly place for farm businesses to operate. While preserving farmland for farming is something everyone agrees on, council members want the new rules to accommodate them. This is something Popham


believes is happening. While house size will be


limited, for example, siting will be defined in regulations drafted under the act because they’re easier to tweak as local experience requires.


“Delta and the Peace area


are flat, and the Kootenays may have hills and mountains. The siting needs to be specific to the region,” Popham said. “It’s just allowing us flexibility to make sure that it fits for the region that is being affected by it.”


nfrom pg 1


on the Crown maps and that the public may go fish the lake.


He also said that as the


shores of Stoney Lake abut Stoney Lake Road, there is no element of trespass and that the public may also fish that lake. Groves also determined that although the ranch had stocked the lake with fish that they had paid for, they could not be considered “farmed fish” because the ranch had not directly fed, cared for or contained them. Therefore, they belonged to the public. Groves was also asked to rule on how the concept of common law might affect access to lakes in BC that are


entirely surrounded by private land. While observing that a common-law right of access could be claimed, he left the question open. Public access to private land in the BC backcountry has been a contentious issue, with BC Green Party MLA Andrew Weaver tabling “right to roam” legislation in the legislature seeking to entrench the right in law. Boon says the association’s


lawyer will go over the decision thoroughly to see if there are any implications for ranchers before commenting further.


Douglas Lake Cattle Co. will also be reviewing the judgment, leaving the door open to an appeal.


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