Why not a BC agricultural land trust with a farmstead act? by Gordon Wilson

The struggle to preserve agricultural land in British Columbia can be traced back to a fundamental flaw in the BC Land Commission Act and the establishment of the Agricultural Land Reserve (ALR).

This should be clear when one observes that many of the people who are lobbying hardest to get their land out of the ALR are farmers who have invested their lives in working the land, have raised their families on the land, and have nothing appreciable to show for it in terms of cash savings. Their land is their retirement fund, and yet it is virtually worthless without a potential to change the permitted land use, because nobody, not even their own children, want the life of a modern Canadian farmer. This is both shocking and an issue that needs to be addressed if we are to protect farming as an option in Canada.

Certainly British Columbia is better served in agricultural land protection than other provinces. Ontario, in which roughly half of Canada’s prime farm land may be found, has lost roughly one million acres of agricultural land to urban sprawl and industrial development since 1991.

The BC Land Commission Act (BCLCA) was introduced in April of 1973 by the Barrett NDP government to protect British Columbia’s agricultural land base. As progressive as the Bill was, it was fundamentally flawed because the Act caused agricultural land to be preserved through a process of land zoning, rather than through the establishment of an agricultural land trust in which residual title on the land rests with the Crown at all times, and cannot be removed.

While I was elected to office, I pushed hard for the creation of an Agricultural Land Trust and the introduction of a Farmstead Act.

The model that I proposed, and that I still advocate today, is for the creation of an Agricultural Land Trust that is effectively a “land bank” into which farmers can sell their farmland at a value to reflect the potential of the land as a valued producer of agricultural product, and this value takes into account the quality of soil, availability of water, and history of production.

Farmers should not be expected to carry the cost of the ALR on their shoulders and not have a reasonable opportunity to retire with tangible financial benefits for all their years of hard work.

The establishment of an Agricultural Land Trust would put all agricultural land into a permanent land base to the benefit of all Canadians, underwritten by federal and provincial governments.

Those who currently own agricultural land will still hold fee simple title to it, but if they chose to sell and move on, the sale is made into the trust at a price that reflects the agricultural potential of the land as established through standard land appraisal processes.

Similarly, pre-retirement sale of land into the trust would be possible while the farmer continues to farm though a management contract.

This approach will achieve two valuable results:

First, farmers will have greater certainty with respect to their retirement from the land with sufficient incentive to continue to farm without the pressure brought to bear by land speculators and realtors who dangle the financial rewards available through sale of land to developers who will petition to have the land removed from the ALR.

Second, land held within the agricultural land trust can be made available to young Canadians who may be provided incentives and training that will cause them to want to farm.

Yesterday, I wrote that we need to put more emphasis on developing local markets for locally produced goods, and to do it in such a manner that we are able to compete with low-priced foreign food products that flood our markets year round. For the greatest success from production to market to consumption, we need to give farmers the opportunity to succeed.

The companion legislation that I advocated while elected and continue to advocate is the The Farmstead Act.

The primary goal of this legislation is to provide major incentives for new farmers, young and old, to take over farms that are held in the Trust, and make it financially viable to work on these farms, modify them, and update them.

Recognizing that farmers selling land into the Trust will require a solid financial return for their land, measures will be needed to make these available farms affordable for those Canadians who wish to take on farming, many of whom may have skills and passion for farming but lack the resources to gain access to farmland. The Farmstead Act is a mechanism that provides this access by making these farms available on conditions not unlike the now defunct Homestead Act that was responsible for building much of western Canada.

The Farmstead Act legislation I envision will make farms available from the Trust to new farmers on a lease-to-own basis without the requirement of a massive down payment and the challenge of trying to find a commercial bank that will provide farm mortgages without proof of off-farm income to support it.

Tied to educational programs within our community colleges, technical institutions and flourishing new universities, I believe that farming can become a very attractive life choice for many Canadians and an excellent economic generator for our country, not to mention the extra benefits of greater access to local food. The Farmstead Act, if linked to a stable Agricultural Land Trust, will provide the financial security that modern Canadians are looking for while promoting and expanding the farming options within the province and country as a whole.

Under this system, the existing provisions for farm preservation that are included in the Land Commission Act, and the Farm Practices Protection (Right to Farm) Act, will be better secured. Local planners will have to take into account both current and future farm demand for water, and the pressures to sell or move that are brought upon farmers who live adjacent to suburban populations such as those in the Fraser Valley will be removed. Fruit growers in the Okanagan will grow fruit knowing that when they are ready to retire, they will get a fair return for their land from the Trust.

Last, but by no means the least contentious aspect of this proposal, is the fact that an established Agricultural Land Trust will be treated as fee simple land, alienated from the Aboriginal Treaty process so that large tracts of fine agricultural land cannot be removed from farming as a result of Treaty making with First Nations as we have seen in the Tsawwassen Treaty where 207 hectares of prime land was removed from the ALR, and 290 hectares of land formerly in the ALR remained excluded.

That does not mean that proper compensation in the Treaty process will not apply; it means in the determination of compensation, the federal and provincial governments and the First Nation involved will have to recognize that the real value of agricultural land is in its ability to grow food to feed the people, and not to be stripped of its soil to build shopping malls.

Best of all, British Columbians will know that the base of agricultural land will be preserved in perpetuity, cared for and valued for food production, and this inventory of land will grow. This program ensures that a whole new generation of people will find new and innovative ways to increase our food production, and by doing so, increase the economic and physical health of our province and country.

Farmland Defence League in the Gulf Islands - want to be involved?

The Farmland Defence League is a province wide community-based volunteer organization working to protect all farm lands of British Columbia. The supporters and members of the Farmland Defence League come from a wide cross section of the population – agrologists, biologists, environmentalists, farmers, food security advocates. The organization was started by Harold Steves, a long-time Richmond farmer and city councillor, who co-founded the Agricultural Land Reserve in 1972 while he was an NDP MLA. The Farmland Defence League supports the Agricultural Land Commission's mandate to protect the Agricultural Land Reserve, much as the Gulf Islands Alliance supports the Islands Trust mandate to preserve and protect the Gulf Islands.

British Columbia's Land Commission Act came into effect in 1973 to establish a special provincial land use zone in partnership with local governments to protect BC's dwindling supply of agricultural land. This zone is the Agricultural Land Reserve. Boundaries for the ALR were primarily based on capability and suitability of the land and its use. In the Gulf Islands initial zoning was based on aerial photographs of existing farmland. Later on soils throughout the major Gulf Islands were more thoroughly ground truthed and mapped.

Through the years, there have been changes in provincial governments, local governments and amendments to the Act and its regulations. What has not changed has been public support for the Agricultural Land Reserve. In recent years, with increased attention to the importance of local food production for increased food security, the protection of our foodlands in BC has become critical. The Agricultural Land Reserve makes up less than five percent of our land base in BC. In southern BC, where pressures of development and recreation often are the basis of applications to exclude land from the ALR – even in the Gulf Islands - local governments with land use planning responsibilities must step up and work with the Agricultural Land Commission in achieving its mandate.

The recent Food Security Report of the Islands Trust highlights that more needs to be done to protect the Agricultural Land Reserve at the local government level. Although the importance of farmland protection was acknowledged and farmland acquisition by the Trust was encouraged, the report was almost silent on preserving and protecting the Agricultural Land Reserve. The Islands Trust should establish a hard line around the Agricultural Land Reserve to preserve and protect our food growing lands. As precedent, the North Pender Island Official Community Plan states that applications to remove land from the Agricultural Land Reserve will not be accepted. Planners and Trustees need to remember that the Agricultural Land Reserve is a RESERVE, and is food-producing land for future generations. There is no requirement for land to be in current production in order for it to be in the ALR.

It was encouraging to see in the report that Agriculture Advisory Committees were suggested for local Trust areas, and also Trust-wide. Agriculture Advisory Committees with a broad membership from the farm community, with support from provincial agrologists that represent input from the BC Ministry of Agriculture and the Agricultural Land Commission, are a tangible way for governments at all levels to support local food production. The Islands Trust should establish either Trust-wide and/or local Trust area Agricultural Advisory Committees for the farm community to advise Islands Trust on farm issues and initiatives. Salt Spring Island has an Agricultural Advisory Committee, which advises the Local Trust Committee. It is through this committee and local farm organizations that an Area Farm Plan was accomplished on Salt Spring. On Denman Island, recent efforts have been made to work with the farm community. An Agriculture Strategy was recently completed with an agriculture steering committee, that will hopefully become a full Agricultural Advisory Committee. Other islands have Agricultural Advisory Committees in their Official Community Plans but have yet to initiate them. It is hoped that they will do so. It is important as a first step in giving the farm community a voice. The protection of land alone will not assure food security.

The Islands Trust has been helpful in advocating for farmers when the Trust has taken the time to learn the issues and the impacts involved and has listened to farmers ( eg. meat regulations, farm tax assessment review ). Some issues that Gulf Island farmers are currently concerned with are lack of infrastructure (ie processing facilities), resident Canada Geese and deer that eat and damage crops, introduced species that impact agriculture (weeds, predators, competitive species), water resources, ferries (fares,schedules, capacity in peak seasons), ever-changing meat regulations, federal, provincial and local regulations, lack of consultation with farmers, community and local government (planners, elected officials) knowledge of agriculture (or lack of knowledge, to be precise), competing farmland uses (development, parkland, recreational) and the many ways to remove farmland from the ALR (exclusion applications, land swap deals, federal parks). These concerns are in addition to the less than unique concern of farm viability in an urban-focused cheap-food society.

The Islands Trust are viewed by many as leaders in environmental protection. To preserve and protect farmland and to encourage food production on the islands, the Trust needs to dialogue with people who are farming. The Islands Trust also needs to dialogue and work with other government agencies who are there to support farming and farmers. For information on the Farmland Defence League or to volunteer as a director in the Gulf Islands contact Barbara Johnstone Grimmer (firhill@gulfislands.com or call 250 629-3817).Our goal is to have at least one director per island.

Saving the Southlands

Professional Agrologists Voice Concern Over Cuts to BC Agricultural Land Commission

Professional Agrologists Voice Concern Over Cuts to BC Agricultural Land Commission

February 21, 2011

To: Premier Gordon Campbell

To: Finance Minister Colin Hansen

CC: MLA Ben Stewart (Minister of Agriculture), MLA Lana Popham (NDP Agriculture Critic)

CC: Richard Bullock (Chair, Agricultural Land Commission), Brian Underhill (Executive Director, Agricultural Land Commission)

CC: Globe and Mail, Vancouver Sun, The Province, The Tyee, Times Colonist, various local media

We are writing to express our disappointment in the BC Government’s recent ‘status quo’ budget (Feb 15, 2011), in which the Agricultural Land Commission’s budget was cut by another 5% (it’s now been cut by 18% since 2008). The ALC’s mandate is to protect agricultural land and to promote farming. We believe that at a time when cost, safety, and access to food are in the headlines at home and around the world, our agricultural community deserves more support, not less.

It is widely recognized that B.C.’s Agricultural Land Reserve is one the strongest land use planning policies in North America. It is governed and managed by the Land Commission, who have been hit with a slimmed down budget year after year, while simultaneously dealing with an ever-increasing load of applications to remove and subdivide farmland, a reduction in staff (there are no longer any soil scientists at the ALC), and an ever-increasing need for ALR enforcement. Just last September, BC’s Auditor General released a report indicating that the ALC was facing challenges in meeting its own mandate, largely due to a lack of resources to perform basic tasks such as keeping maps up-to-date and enforcing illegal activities on ALR land¹.   

The BC Government is in the embarrassing position of spending the least amount per sector GDP on agriculture in Canada. That’s right – the province boasting of Okanagan orchards and wines, Fraser Valley berries, and Peace River beef, offers less support to agriculture than Newfoundland².

In our work with BC farmers we see firsthand people with a passion to produce high quality food for British Columbians while at the same time encountering a real struggle to make ends meet. It’s time we offer BC producers our true support - not only through a committed customer base, but by ensuring an institutional and regulatory system that champions agriculture at all levels of government.

 After all, few members of society are more important than the ones committed to producing our food.

 Sincerely,

Ione Smith, P.Ag.

Peter Doig, P.Ag.

Art Bomke, P.Ag.

Barbara Johnstone Grimmer, P.Ag.

Jean Schwartz, P.Ag.

Wendy Holm, P.Ag.

Andrea Lawseth, P.Ag.

Lesley Dampier, P.Ag.

Arzeena Hamir, P.Ag.

Derek Masselink, P.Ag.

Dave Sands, P.Ag.

Gary Runka, P.Ag.

References

1. Audit of the Agricultural Land Commission. Office of the Auditor General of British Columbia. Report 5. September 5, 2010. ISBN 978-0-7726-6335-1

http://www.bcauditor.com/pubs/2010/report5/audit-agricultural-land-commission

2. An Overview of the Canadian Agriculture and Agri-Food System. Agriculture and Agri-Food Canada. 2007. ISBN 978-0-662-47429-6

http://www4.agr.gc.ca/resources/prod/doc/pol/pub/sys/pdf/sys_2007_e.pdf

Media Contact:

Ione Smith, P.Ag.

ione@uplandconsulting.ca

778-999-2149

Agricultural Land Commission - Proposed Application to Include the "Spetifore" Land into the ALR by Delta

So what's exciting about this? Plenty!! The Spetifore Farm application was a watershed test for the relatively new Agricultural Land Commission back in the late 1970's-early 1980's. At the time that this farmland case was debated, protested and the land ultimately removed from the Agricultural Land Reserve, I was pursuing an Agriculture degree at UBC and all the Aggies of that era are well aware of the importance of this news.  Now the property is known as "The Southlands".  It is encouraging to see the importance of farmland recognized by local governments, and more importantly, by their constituents.

Agricultural Land Commission

News - Feb 24, 2011

PROPOSED APPLICATION TO INCLUDE LAND INTO THE ALR-CORPORATION OF DELTA
The Corporation of Delta resolved, that an application pursuant to Section 17(1)(b) of the Agricultural Land Commission Act (to include land in the Agricultural Land Reserve) be prepared for those lands in Tsawwassen zoned as Agricultural and within Metro Vancouver’s Green Zone, but not currently in the Agricultural Land Reserve, and referred to a Public Hearing on March 1, 2011. The Commission understands that the lands in question are legally described as:

1. North Half of the North West Quarter Section 2, Township 5, Except: Firstly: Part Subdivided by Plan 51815; Secondly: Part of Statutory Right of Way Plan BCP16605; New Westminster District
2. South Half of the North West Quarter Section 2, Township 5, Except: Firstly: Part Subdivided by Plan 35478; Secondly: Part of Statutory Right of Way Plan BCP16605; New Westminster District
3. North East Quarter Section 2, Township 5, Except: Firstly: Part Dedicated Road on Plan 77324 and Secondly: Part Dedicated Road on Plan 77326 Thirdly: Parcel 1 (Reference Plan LMP23515), New Westminster District (Civic Address: 581 Boundary Bay Road)
4. Parcel A (T80286E) North West Quarter Section 1, Township 5, Except: Parcel 1 (Reference plan LMP23514), New Westminster District (Civic Address: 500 Boundary Bay Road)
5. North 5.123 Chains of the West Half of the South West Quarter Section 2, Township 5, Except: West Half Chain, New Westminster District
6. Lot 101, Section 2, Township 5, New Westminster District, Plan LMP295 (Civic Address: 300 Copsefield Drive)
7. East Half of the South West Quarter Section 2, Township 5, New Westminster District
8. The North and West Portions of the South East Quarter of Section 2, Township 5, as shown on Absolute Fees Parcel Book 5-149-523 “A”, New Westminster District, Except: Part Dedicated Road on Plan 77326 (Civic Address: 301 Boundary Bay Road)
9. West 46.50 Chains District Lot 30, Group 2, Except: Firstly: Part Subdivided by Plan 2616; Secondly: Parcel “A” (Reference Plan 14733) and Road; Thirdly: Part Subdivided by Plan 33612; Fourthly: Part Subdivided by Plan 34591; New Westminster District (Civic Address: 6400 – 3rd Avenue)

Due to the public interest that has been expressed to date, the Commission believes it is appropriate to provide the public with access to the historical file information from the 1979 exclusion application that involved a number of the above noted properties – File #91(a)-O-79-09724 (Commonly referred to as the “Spetifore Application”). Please note that this information has been provided for information purposes only and is not intended to express or imply any position whatsoever regarding the application that the Corporation of Delta is preparing.

• Delta Map of Properties 2011
• Historical File Information

Metro vs. mansions: Province asked to help curb sprawl on ALR land

Metro vs. mansions: Province asked to help curb sprawl on ALR land

The Islands Trust should take this one on.  There is a monster house being built on South Pender ALR (Agricultural land reserve) land currently.

However, a recent posting to a food listserv made the point that these large houses are only a symptom of the real problem,  and that one day multiple families may be living in these houses, or building big houses of their own.  The affordability of farm land, and the demand by those wanting estates, subdivisions, industrial parks or investments (or regional, national or recreational parks - and a new one called an agri-park!!) have driven up the price of farm land.  The rule of one house-one trailer seems limiting to those who think the solution is to put multiple people on the land (although I have heard some of these groups say that their true desire is to be on the land, not necessarily farming, so that could make them part of the problem, too).  The Ag Land Commission puts the limit on primarily because putting multiple houses on a farm takes away arable land from farming (footprint issue) and it also drives the price of the farm up for the next buyer.

I think such a complicated issue won't have a simple solution.

New Chair of BC Agricultural Land Commission - Western Producer Article by Ross Freake

From the Western Producer, July 16, 2010, page 61
Agricultural Land Commission | New Chair
Farming hardships good stepping stone to ALC post
By Ross Freake
Freelance writer
KELOWNA — Richard Bullock believes the mental toughness he grew as a farmer prepared him for one of his
biggest challenges.
The Kelowna orchardist has been appointed chair of the Agricultural Land Commission, an independent agency
responsible for preserving agricultural land in British Columbia.
“You have to be able to take disappointment; a lot of things you think should get done don’t, but you have to
keep on going. That’s where being a farmer really helps.
“There’s nothing worse than having a beautiful crop and a hailstorm comes along and, all of a sudden, there’s
nothing left. You have to grieve for a few days and you have to get on with it.
“The toughest part of farming is the mental issues. All the rest can be dealt with but, by God, there are some
awful, tough days.”
Bullock, his wife, Jacquie, daughter, Nicole, and son, John, run a 150-acre apple orchard, Raven Ridge Cidery,
Ridge Restaurant, farm store, petting zoo and tours.
After quitting university, where he studied economics, he got into the family farm business.
It led to the presidency of the B.C. Fruit Growers Association, B.C. Tree Fruits and Sun-Rype; chair of the
Canadian Horticultural Association and the B.C. Farm Industry Review Board and director positions with
various other farm groups.
“It has been 24-7 for a long, long time. Certainly, it has been multi-tasking,” he said. “I didn’t have a formal
education and that was by choice. I wanted to work, but I probably got more than a Harvard education doing
what I’ve done.”
The ALC, which has 19 land commissioners and 20 staff, administers the Agricultural Land Reserve, which was
formed in 1973. At 4.76 million acres, it’s the largest it has ever been. While land has been removed in the south
as municipalities expanded and roads were built, it has been added in other areas, especially the Peace River
country.
“Land is the key component to agriculture and without it we’re toast. We have so little of it in this province and
what we do with it is paramount. It’s something we have to pay a lot of attention to. There was a tremendous
amount of turmoil when it came in.
“But since then, society has made it abundantly clear to governments of every stripe that this is a piece of
legislation they feel is important to the province.”
Bullock said there are many things to do in the job. But there is one thing he wants to accomplish right off.
“I would like put to bed the argument that the ALC is up for sale.… The ALC is not sale; it’s here to stay.”
Kelowna orchardist Richard Bullock has been appointed chair of the B.C. Agricultural Land
Commission.

The Land Conservancy of BC, working forests and working farms

About 12 or 13 years ago, a group of Farmers Institute members went by boat to Yellow Point to visit Wildwood, the sustainable forest owned by Merve Wilkinson. Merve, recognized nationally for his sustainable logging practices, received an Order of Canada for his work and was highlighted on David Suzuki's The Nature of Things. In 1938, when Merve Wilkinson established Wildwood, his philosophy of forest management was based on principles dramatically different from common practices of the day. He has lived in his forest and has used science, observation and experience to shape his practices. The result is a forest that achieves all measures of sustainability – ecologically, economically and socially. Merve has been very generous in sharing his knowledge and experiences with others and over the years he has taken thousands of people through his forest. Merve himself gave the tour to us that day, and described the principles of sustainable forestry, also known as ecoforestry. The forest we saw was magnificent and inspirational for all who attended. Since that visit, Merve has sold Wildwood to the Land Conservancy of BC (TLC) with the understanding that the forest would continue to be operated in a sustainable manner and remain a working forest in perpetuity, a model for future forestry methods. However, in the past ten years since the TLC has taken the helm Merve and his family have watched what was once a working forest become a park. According to Merve and his family, Wildwood is not being used to its full potential as a working forest. After ten years a management plan is not yet in place. TLC seems hesitant to put a covenant on the land, something Merve wants to ensure the forest will remain a working sustainable forest. This has distressed Merve and his family to the point that they requested TLC to sell Wildwood back to them, something that TLC claims they are not willing or able to do.
This is not the only trouble brewing at The Land Conservancy. Just last year, the founder and Executive Director, Bill Turner, was demoted in the organization by the Board of Directors. It was felt by the board that Turner's strengths were in acquiring land, not the fiscal workings of the organization, which was carrying a lot of debt and had a high overhead. Turner resigned and the members ousted the Board and reinstated Turner as Executive Director. Now some of the same problems have resurfaced, and three of the new board members, including the Treasurer, have resigned over many of the same issues that troubled the old Board. This instability has concerned some groups who are using the charitable status of TLC to help them fund raise for land acquisitions, especially if TLC will ultimately be holding the title of these lands bought with community funds.
One such group at Horse Lake was raising funds to purchase a farm that they had been leasing for some time. The owner was ready to sell to them, and the TLC was going to help with fund-raising by allowing them to use TLC's charitable status (for a percentage of the funds raised). TLC was also going to hold the title for the community once the property was ready to change hands. However, based on the instability last year, the group was going to work into their agreement that if TLC tries to sell Horse Lake Community Farm in the future, the Horse Lake group wants first right of refusal in repurchasing the farm for $1.00. The re-sale of donated or acquired lands by conservancy groups has happened before, and had been discussed by TLC regarding other properties.
The Wildwood/Merve Wilkinson situation raises other issues: will the working farms that TLC hold in their portfolio be farmed in the future, or will they become parks too? This question was raised a few months ago by farmers in Saanich. Madrona Farm was part of a successful community fund-raising effort to “save”their farm, but to farmers in the Blenkinsop Valley watching from the sidelines it wasn't really threatened because it was in the Agricultural Land Reserve (ALR). It was family owned, with a family member wanting to farm it. A good succession plan was needed, or if TLC was to buy it there needed to be assurances that it would indeed be farmed “in perpetuity” with a management plan available to the public. Why doesn't TLC appear to support the ALR? Some claim it is because the ALR does not protect the land enough.
But there are other issues that makes TLC stop short of supporting the ALR – in 2002 the Agricultural Land Commission changed the way conservation covenants were dealt with on ALR land, much to the dismay of TLC. After consultation on the legislation, TLC felt that the only way to protect ecological attributes of farmland would require ownership of the land. It was at this time that TLC started its drive to acquire farmland throughout the province.
Perhaps The Land Conservancy's role in acquiring lands needs more public scrutiny when it extends to our forest resource and farmlands. Some of the farms acquired by TLC have been struggling financially, adding further challenges to TLC. Ramona Scott, the champion for the TLC Community Farm program, has left TLC. The question that has now been raised is, should the TLC do any more than acquire and hold lands for their natural attributes? Should they be in the business of forestry or farming?

UPDATE 2016

The Land Conservancy has sold some of its properties because of its fiscal irresponsibility.  Some of these are farms, to private owners.  Perhaps we can now focus on strengthening the ALR.
See:
http://www.vicnews.com/news/230137101.html
http://www.cowichanvalleycitizen.com/news/300117261.html?mobile=true
http://www.timescolonist.com/business/court-approves-tlc-sale-of-keating-farm-1.888782
http://conservancy.bc.ca/featured-projects/covenant-program/vancouver-island-region/lohbrunner-farm/
http://conservancy.bc.ca/featured-projects/covenant-program/vancouver-island-region/lohbrunner-farm/