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ARTICLE · 07 JULY 2016

Agricultural Law NetLetter - Tuesday, June 21, 2016

Miller Thomson
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Albert James Turney ("Turney") applied to the Supreme Court of British Columbia for a declaration that his application for a building permit for the construction to an existing barn on his property complied...

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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* A Justice of the Supreme Court of British Columbia has concluded that the application by a farmer in an Agricultural Land Reserve is exempt from a municipality's usual authority to regulate zoning and building permits by virtue of the specific provisions in the Local Government Act (British Columbia), the Farm Practices Protection (Right to Farm) Act (British Columbia) and the Regulations thereunder, and the Agricultural Land Commission Act (British Columbia) and the Regulations thereunder. The Court concluded that a farmer who intended to construct an addition to a barn for intended agricultural purposes was exempt from normal zoning and building permit requirements whether the municipality felt the farmer needed the additional building space or not. The decision explains some aspects of the complex regulation of agricultural land use in British Columbia. (Turney v. Langley (Township), CALN/2016-015, [2016] B.C.J. No. 1238, British Columbia Supreme

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