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Transcript of ALC and ALR FOI documents
8/16/2019 ALC and ALR FOI documents
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- ~
Outstanding Issues from 2010 ALC Reviews
• There are a number
of
outstanding issues from the 2010 Reviews:
• The
Ale s
operational leadership and organizational performance are weak.
•
ALC
decision making
is
perceived by some
as
slow, inconsistent and non-
transparent
• ALC s accountability
to
government is not well defined, reducing its
responsiveness
to
government policy direction notes).
• The ALC s legislative mandate, policies and operational or ientation are
balanced
primarily towards farmland preservation, then
to the
interests
of
farm
families, nd only
the.n
on a.llowing
for
broader provinc;ial economic
, J l e v . e Q p m . ~ n t l P O g 8 - ~ . . o J 1 i . e § . e ,
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·-
ALC Mod()rnlzation:
Why
are we doing this what
will
change
and
what w ll be
the
result?
Whv are we doing this?
•
The
ALC and ALR are 40
years
old.
• Globally, farmland is becoming an increasingly valuable asset,
as
climate change
and population growth have put tong
term
food security at the centre of the
international agenda.
• The ALR is recogniZed by stakeholders as the most important component of
ensuring long term food security, and British Columbians have developed a
strong emotional
aUachment
to the ALR.
• Any changes to the ALR or ALC tt lat are perceived as weakening
farmland
protection will likely result in a significant negative reaction from both the public
and the farming communi1y .
• This government has a clear mandate from British Columbians to focus on
economic development and job creation.
• Purpcse
of
this Initiative is
to
modernize the ALC and ALR
1o
ensure that the ALC
and ALR
achieve
an appropria
te balance
between
farmland
protection and
economic development.
Guiding Principles:
1) Protect BC s best quality farmland;
2) Allow responsible economic development;
3) Suooort a sustainable farming sector that supports farm families;
s.13
5} De iNer transparent and timely ALC
6)
Recognize
regional
and
community
diversity;
and
7) Increase
the
accountability of the ALC
to
government.
What
will
change?
The ALC will be modernized, moving from a slow moving, paper based organization
operating independently
o
the
Mi
nistry and government, to a
fully
digitized operation
that is nimble,
to its clients needs, and fufly
accountable
to the government
This
wi
ll be achieved by:
1. Amending the LC ct and Regulations s.13
s.13
2. Providing the ALC with strong. effective and accountable operational leadership.
3. Using this enhanced accountability and leadership to ensure that the permanent
budget lift recen tly provided to the ALC is used effectively and
effi
ciently
to
improve
ALC operations in a way that delivers measu rably better results for its clients.
Balancing farm•and protection wJth
responsJve economic development
The ba lance between farmland protecti
on
and economic development will
be
refined to
better protect BC s best farmland, while allowing fer responsible economic development
in key areas of the province.
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ALC
Core
Review-
Q A
Why
are we doing
this?
1) Didn't we just do a review
of ALC
and
change
Its
legislation
and funding:
why are we doing this
again?
• The recent legislative changes and budget lift were an
important
first
step in modernizing the ALC.
• Further reform
is necessary
to complete
the modernization
process
and
ensure the ALC achieves an appropriate balance between farmland
protection, the stability of arm famlll&s and supporting jobs and
investment In
BC
2) What s the problem you are trying to address?
• The
ALC
does
not
meetgovernment
and
citizen's expectations on
transparency,
accountabilityand service delivery.
• ALC decisions do not reflect an
appropriate
balance between farmland
protection,
the stability
of
farm families and suppotting
obs
and
inv stm nt in
BC.
•
When the ALR was created.. a lot
of
and with limited to
poor farming
value was Included.
This will
help
refine
the
land
in the ALR
to truly
represent productive
farm land
in
th province.
3)
How does this
align
with
our
platform, the
Core
Review, and
the
BC
Agrl food Strategy?
•
We
have
a
strong,
clear mandate
from
British Columbians
t
focus on
creating
obs and growing the economy.
• Bold reforms
are necessary
to
ensure
that the administration of he ALR
by the ALC reflects
this
mandate, while continuing to protect
BC's best
farmland.
• y
guaranteeing
the
presetvation
ofBC's best farmland (where 90
of
farm revenues are generated) while allowing
for
responsible economic
development
opporlunitle on Jess productive farmland, we will
maximize
the
total
economic
benefits generated
from BC's
fannland.
• Food procesaing snd value-added agriculture makes
up
a
large
percentage of the agrifood industry's revenues. These
proposals
open
up opportunities
for
value
added activity, supporting
our
goal
of
reaching
148
in
sector
receipts
by 2017.
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Consultation and Stakeholders Views
4
Consultation:
the
proposals
are bold,
and
we
have not
consulted stakeholders
or the
publ ic- are we opening
ourselves
to
unnecessary
criticism?
• Extensive consultations on
reform
o f
both the ALC and the ALR were
undertaken
in
2011, and
since becoming Minister
I have heard
from
a
large
number of
stakeholders about the need
for further
refonn.
•
Further, broad based
consultations
are not
being considered
at
this
time.
4b:
The provincial government ha s a number of requirements to
consult
with local governments and/or UBCM
under
the
Community
Charter
-
has/will
this
occur?
• Consultation with
local
governments
and
UBCM will take pface,
as
necessary, when the proposedpolicy direction is confirmed.
5
What is
the
opposition going to
say?
•
t
was
an
NDP government that created the ALR
in
1973, and critics may
portray the changes to the
ALC
s administration of the ALR as
weakening
or
dismantling of he A.LR. But this
criticism
is unfounded.
Given
our
mandate
to grow
the economy, and
based
on the
balanced
approach we
are
taking
with these proposals, I am
confident
that British
Columbians
will
support whatwe are do;ng regardless ·
o fany
comments
by the opposition.
• One
point
to be
clear
about
is
we
are
increasing
protection
of
he
provinces
best
farmland. The tandbase that generates 90
of
agriculture's revenues will be
far
better protected than
t
is today.
• Critics
will
also say
we
are poJitjcizing the ALC and removing their
independence. We will have to be clear that decisions on
applications
will continue
to
be
made
by ALC Panels and the Panels will continue
to
be independent
ofgovernment
,
as they
are
now
6
Which
regions
or
local govemments w ll support/oppose these
proposals?
• Pro--growth munlcfpalitles and
regional districts that want to take
greater
control over
their
own
destinies
will
support
these
proposals, as
will those
in key agricultural
regions that want
to
see stronger
protec6on
for
our best farmland.
7 What is
the
farm industry going to say?
• The agriculture industry broadly
supports
the ALR
and
wilt be in
favour
of
stronger protections for BC s
best
farmland.
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. .
•
The
industry also recognizes that in order to
compete
on
the
world
market they need to move up the value added continuum and will
support
our proposals
to
allow for more innovation and
value
added
food production
in
the ALR.
• Some
landowners are frustrated
by
the
operation
of
he
ALC,
and
will
support modernizing the organization and its administration
of
he
ALR.
8)
How is the
ALC going t react?
•
The
key
concepts
behind this package
have been
discussed
with
the
ALC and they
are
generally
supportive.
• s.13
•
The
ALC will also likely not support the notion
o
allowing
local
governments
to decide
exclusion
applications.
9) How will British Columbians react? Don t
people love the
ALR
for
providing food security to BC?
•
Many
British
Columbians have
an emotional
attachment
to the ALR and
some will view
any
changes
as weakening
i t
• Most British
Co/umbians
do not
interact
with
the
ALC
directly,
so may
be unaware of the
frustrations
experienced
by
some landowners
and
local
governments
in dealing with the organization.
•
Ensuring
British
Columbians
are
aware
that
we
are actually
increasing
prot etion
lor the provinces most productive farm land will be
key.
•
Stakeholder
farmer,
producer)
support for
the
changes
will be crucial
In
delivering that information
to the
public
.
• lndjviduals and
critics may
also express
strong criticism about
what
they believe to
be a lack or absence ofpublic
consultation
on
the
changes.
The
key to food
security
is to
have
a strong e onomyand open borders
so that British Columbians can
purchase
the foods they
want and
need
from around the
world.
• Local food is
an
important piece of his
overall
food
basket,
and British
Columbians have a strong
emotional attachment to
the
ALR
for this
reason.
• Further protecting BC
1
s
best farmland supports local
food
security.
•
Ensuring
the
stab1lity
o
arm
families
by
giving
them
a
wider
range of
economic development
opportunities also
supports local food security
.
•
That
is
why it is
so
important
to
balance
farmland
protection and
economic
development,
which
this
package ofproposals does
.
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Modernize ALC Operations
10) Why not eliminate the ALR
altogether?
•
The
ALR Is
the foundation
of
he
agriculture
industry in
B.C.
•
BriUsh Columbians
have
a strong
emotional
attachment
to the ALR
(polls routinely
show
95 support).
•
he root of andowners ' and
local
governments concerns is not the
ALR
, but the administration of the ALR
by
the ALC.
11)
Isn t the
real problem t
the ALC the
staff and chair?
hy
not just change the leadership? Will
the
leadership
be changed
as a result of these proposals?
•
The
ALC
lacks effective operational leadership. This wHI be addressed
by
appointing
a CEO,
separate
from
the
Chair,
s 1
3
s 13
12)
How
much money will
these changes
save
/
cost?
•
There will
be
efficiencies and improvements
in
ALC
operanons and
service levels
but
th s proposals are
not
aimed at reducing the cost of
running
the ALC.
• s 13
•
s 13
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s 13
Modernize ALC Decision Making
16 How
will
these changes help
farm
families?
•
y
guaranteeing
the preservation
of
BCJs
best
farmland
while
allowing
for
responsible
econom;c development
opportunities
on other farmland.
For
example by expanding
opportunities
for value-added farming
activities
like
food
processing or
agri tourism
s 13
•
Providing more options for succession planning
w I help farm famffies
stay together and continue In the
business
of arming.
s 13
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s.13
21)
What is prime land
•
Prime land will be
defined by
a combination of ts
Classification In
the
Canada L1tnd Inventoryand its suitability for producing
high value
crops like berries, grapes and cattle, that thrive on lower quality soils.
(Class 4-6 land are suitable for production of
crops
that generate 80
of
BC s
total
farm
revenues).
• Regional differences will
also
be considered (90
of total
BC farm
revenue i5 generated from
just
10 o he ALR).
MLA Interests
22) Doesn t this create two
ALR s
- one in the north that•s open
for business and
one
in
the south that s closed? How is this
fair
•
90 of he BC agriculture industry s revenues are generated on just
10
of he ALR
1
in an area concentrated on the
Okanagan,
Fraser
Valley
and
Vancouver Island
. This
area
requires
specialprotection.
•
The
oil
and
gas sector
are located
in
the north east, where extensive
tracts
of farmland are available for non-farm uses.
• So we
already
have two ALRs; these proposals
simply
reflect that
reality
23) All
the
problems you raise
are
specific to
the
North East?
How
does this
help
my
communJty?
•
The problems with ALC accountability
and
transparency
affect
1he
whole
province, as
does
the ALC s myopic
focus
on farmland protection
at the expense
of
any
other
considerations.
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• Modernizing the
Commission and
rebalancing
the priorities t
considers
in
its decisions to
Include our mandate on economic
growth
and ob
creation
will
help all regions of
the province
24 Where is
the evidence
supporting your crit ique
of the
ALC?
How
would the
ALC
respond to the cri t icisms in your
examples?
• We
have heard these specific
complaints directly from
landowners and
local governments
and they
are indicative
or
more widespread problems
with the
ALC s
administration of the
ALRr
• The ALC
would
respond that th y are acting within their mandate
to
protect
farmland
• These proposals are intended to ensure
that the ALC
balances farmland
protection with the need
for
ob creation
and
economic growth
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Cabinet Submission Request
or
Decision
Minister:
Hono\lrable
Pat
Pimm
Ministry:
Agriculture
Date: 19/11/2013 Ministry Document :
Title:
The current mandate, decision making framework
and
operational
structure
of the
Agricultural l nd Commission reduce service levels for clients,
s .12 ,s .13
s.12,s.13 and
limit
the consideration
of
regional
regulatory
changes are
required to
mode
making
t
improve service levels, and to
appropriate balance between farmland protecti
farming industry, and responsible economic
Request:
issi
on
decisions.
Legislative and
achieves an
of farm families and the
Direct
that
the
leg
submission be
ca
and operational changes proposed in this
legislative
amendments
introduced
in Spring
2014.
Implications and
Commission governance
and
similar government entities in BC
mandate is
focused primarily
on fa
ctures are inadequate relative to other
uire modernization. The Commission s
preservatlon. This government has a clear
mandate to focus on economic grovwth
and
job creation. Changes to the Commission s
s.12,s.13
making framework are requ
ired
to improve governance,
and
to
acheive an appropriate balance between farmland protection, the stability of farm
famili
es and
the. arming industry, and responsi
ble
economic development opportunities.
British Columbians have a strong emotional attachment to the Agricultural Land
Reserve. Local governments and the farming industry also have a strong interest in the
use and
dispos ition of the
Reserve.
Any significant changes to the Reserve have the
potential to be controversial with the public, local communities and farmers.
Co n f i d e n t i
a l
d v i c e
to Cab
i
ne t
age
64
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Background Context:
In
June
2010, Cabinet directed the Minister
o
Agriculture to work
with
the Chair
of
the
Commission to review Commission operations, policy and legislation. In November
2010, the Chair provided his report
to
the
Min
ister
of
Agriculture with eight
recommendations for change. In September 2010, the Auditor General also published a
report on the Commission, with nine recommendations for change {Appendix A .
In July 2011 the Minister of Agriculture made a Cabinet recommending
s.12.s.13
and
in Ocober 2011 the
Min ister made a request to Treasury Board for for the Commission.
Subsequent legislative
and
fiscal changes were made to
pro t
Commission wi
th
the authorities and
resources required
to
better
fulfil
its mandate ·. endix
A .
s.12,s.13
s.12,s.13
was provided with a permanent lift to
its
2 13 the Commission
Appendifs).
responsible
the farming industry
h r
expectations. These
the Commission delivers on improvements promised
and that
he
propose any changes necessary to ensure
ritish Columbians, balancing farmtand protection with
opportunities and the
stability
of fa rm families and
On November
7,
2013
and
November 30,2013 the Minister presented a number of
proposals to the Cabinet Working Group on Core Review to modernize the Commission
in line with the Premier s expectations. The proposals in this submission reflect the
direction provided
to
the Minister by
1he
Cabinet Working Group on Core
Review.
Con t
i
denti f
dv
i c e
to
Cab i n e t
Page
12
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Options:
1} Modernize Commission operations by:
a
Appointing a CEO separate
from
the Chair;
b
Filling
vacancies on the
six regional panels;
c Increasing
Commission
accountability through regulatory amendments that will:
i. Set service standards for the Commission;
ii
Require the Commission
to
report to the Ministry
on
its performance;
iii. Require the Commission to publish service standards and decisions;
iv. Enable applican1s to attend hearings and make presentations;
d) Ensuring the
Minister
has sufficient leg authority to issue policy direction
to
the Chair, similar to other boards a issions e.g. through a LoE).
Pros: Improved
and
predictable service
stronger operational accountability;
transparency of, Panel decision making.
consistent with other such Commissions;
for, but increased
Cons:
Reduced operational independence; in
reatse,cr
·
t
costs for
Commission.
s.12,s.13
3
Amend the
Local overnment
issue policy
gu
idelines
under
that
Act)
to
requ ire Commission and local to engage early in land use planning.
Pros:
More
efficient. pred ictable and consistent land use planning.
Cons:
None.
4 Amend
the LC
ct
o create two
ALR
zones. Maintain the status quo in Zone
1;
increase flexibility in Zone 2
by
app lying options 5 to 8 in Zone 2 only.
•Zone 1:Defined s.12,s.13
s.12.s.1 . or by
region e.g. Island, South Coast and Okanagan
;
• Zone 2: Defined s.12,s.13
1?
1 . or by region e.g. Interior, Kootenay, North).
Con f
i
dential
dv i ce
to
abinet
Page
13
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.
Pros: Most productive fa rmland protected; greater flexibility on less productive land.
Cons: Weakened farmland protection in Zone 2 (90% of the Reserve). Defining zones
by region is conceptually and administratively simple, s.12.s.13
s_
12.s.13 . may
not
coincide with local
government boundaries.
s.12 ,s.13
s.12,s.13
5) Zone 2 only: Amend the LC ct to s.12,s.13 or amend
the decision making
cr
iteria used y Panels (in regulaUon),
to
consider a broader
array
of
factors
than
just
farmland pre
Pros: Greater flexibility on less productive
Cons: Weakened protection in
Zone 2
mandates fof panels (e.g. farmland
ni .CO,Q.COr \JCOt
Protection of most productive land.
the Reserve).
Potentially conflicting
' ''.n'
development).
6 Zone 2 onry: Amend
regulations
under the LC r
.....u
•
.
opportunities
for
in: value-added
s.12.s.1
s.12,s.13
Pros: Increased
C 'Pni ' 'ATITiv.co
farming industry
and
farm famili
es.
Cons: Amount of
ac1ivities within
the
Res
primary production is reduced, by allowing
be
located off-fann.
s.12,s.13
onfidentia
l
A d v i
ce
to
abinet
Page
14
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s.12,s.13
Treasury Board Secretariat are in agreement with this analysis of impacts.
Pnlicy:
There
are
no labo
ur
relat ion
s, legal
Th
ere
wHI not
be any
implications
for
implications
from
these proposals.
Legislation
Leots1a1nve
governments,
the Commission,
proposed. The
and are included in 1he Ministry
notification
of pr
oposed
legislative
amendments. Local
were consulted extensively in
2 1
on reform of
consulted on the specific changes now being
was consulted on most of the not;ons raised in this
submission but has
not been
consulted
on th
e specific
changes proposed.
Contact:
David Coney,
Policy Manager.
··· - ·
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of
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Co
r t f i den
tial
A d v
i c e
t
abinet
Page
i
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250) 387-3232
Honourable Pat Pimm
__ ______
Date Signed
169 of