Section 45 of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, refers to the Lieutenant Governor in Council's decision. This section originated as the result of amendments contained in the Cabinet Appeals Abolition Act, S.B.C. 1993, c. 38, which eliminated appeals to Cabinet from Commission decisions but added provisions for a public hearing and referral to the Lieutenant Governor in Council for decisions considered to be matters of provincial interest.
In January 1998, Cabinet deemed the Six Mile Ranch proposal in Kamloops to be in the "provincial interest", appointed a Commission of Inquiry and in June announced its decision.
To date, there have been no other referrals for public hearing or Lieutenant Governor in Council decisions.
Legislative history
- Cabinet Appeals Abolition Act, S.B.C. 1993, c. 38, s.5, adds section 28.6 - Lieutenant Governor in Council's Decision - to the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9
- Section number changed from 28.6 to 44 with publication of R.S.B.C 1996
- Agricultural Land Commission Amendment Act, 1999, S.B.C. 1999, c. 5 amends "provincial interest" sections 40 to 44 in response to recommendations contained in the report, "Stakes in the Ground: Provincial Interest in the Agricultural Land Commission Act"
- New Agricultural Land Commission Act, S.B.C. 2002, c. 36 retains provincial interest provisions. Lieutenant Governor in Council decisions section is now section 45
- Agricultural Land Commission Act, S.B.C. 2002, c. 36 - BC Laws
- Farmfolk/Cityfolk Society v. Perry - BC Supreme Court (Docket #A980330; petition against Cabinet's right to use provincial interest clause)
- Government Makes Decision on Six Mile Ranch - Ministry of Agriculture and Food (News Release #98 - 23, June 11, 1998)
- History of the ALR - Provincial Agricultural Land Commission
- "Perry Commission Report" - by David Perry, Commissioner (February 23, 1998; print copy available in the Vancouver Public Library and online via the BC Legislative Library)
- "Stakes in the Ground: Provincial Interest in the Agricultural Land Commission Act" - by Moura Quayle (September 25, 1998; report to the Minister of Agriculture and Food)