Agricultural Land Use Planning in Northern British Columbia

Case Study of Smithers Telkwa Rural Area (Regional District of Bulkley-Nechako)

FINAL REPORT

Dr. David J. Connell Associate Professor University of Northern British Columbia

May, 2015

Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Executive Summary

In this report we present the results of a case study of agricultural land use planning in the Smithers Telkwa Rural Area (STRA), the rural area that surrounds the Town of Smithers and the Village of Telkwa in British Columbia. The STRA is part of Electoral Area A in the Regional District of Bulkley-Nechako (RDBN). The study involved an assessment of the breadth and quality of the local legislative framework that governs agricultural land use planning, including policies, legislation, and governance. We assessed the strength of the local framework for agricultural land use planning using four principles as criteria: maximise stability, integrate public priorities across jurisdictions, minimise uncertainty, and accommodate flexibility. The study also involved an assessment of the political context within which agricultural land use planning takes place and decisions are made. This part of the assessment included documentation and analysis of three policy regimes: farmland preservation, global competitiveness, and food sovereignty. A policy regime refers to the combination of issues, ideas, interests, actors, and institutions that are involved in formulating policy and for governing once policies are devised. The aim of the case study is to contribute to three areas of knowledge. The case study lends insight to the state of agricultural land use planning in the RDBN. It contributes to an understanding of the state of agricultural land use planning in northern BC. Finally, the case study is part of a broader national project to identify principles and beneficial practices that represent land use planning solutions that protect farmland. Overall, we found that the local legislative framework for the STRA is moderately strong, which is well suited for the needs of the area. The local framework has a strong focus on agriculture with stated interests in protecting farmland and minimising fragmentation of the land base. With regard for maximising stability for protecting farmland, the very recently amended (in 2014) Smithers Telkwa Rural Official Community Plan (OCP), as an enforceable piece of legislation, contributes the most to stability. The OCP is supported by the regulations of a region- wide zoning and a comprehensive region-wide agricultural plan. The agricultural plan led to changes in and is named by the OCP. Together, the OCP and agricultural plan have clear, detailed language about protecting farmland, which contributes significantly to minimising uncertainty about how the policies and regulations will be applied. The local legislative framework is also supported by a detailed agricultural land use inventory that can inform land use decisions.

Principles of Land Use Planning Integrate Maximise across Minimise Accommodate Regional District stability jurisdictions uncertainty flexibility RDBN: Smithers-Telkwa Rural Area **** **** *** ** * = Very weak; ***** = Very strong

The integration of legislation for the STRA with provincial agricultural land use planning legislation is comprehensive. The Smithers Telkwa Rural OCP includes clear statements about the role and importance of the ALC and Agricultural Land Reserve (ALR). A section of the agricultural plan provides a comprehensive review of relevant provincial policies, including the ALC, ALR, the Farm Practices Protection (Right to Farm) Act, as well as the Range Act and i

Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Forest and Range Practices Act. Collectively, these documents represent an effective integration of provincial interests in farmland protection within the local legislative framework, thereby strengthening the local priorities for farmland protection. The primary local governance structure is the Advisory Planning Commission (APC) for Electoral Area A. Among other duties, the APC reviews applications to the ALC. In this capacity, the APC is able to accommodate flexibility within the decision-making process for agricultural land use planning. Recommendations from the APC go to the Board of the RDBN, which then forwards its recommendation to the ALC North Panel. The Regional District stated that having an APC for each Electoral Area allows for decisions that are more responsive to local public priorities compared to having a region-wide Agricultural Advisory Committee. With regard for the three policy regimes, the legislation and policy documents of the STRA cover all three. Farmland preservation garners the most attention, appearing in the four documents assessed and in each of the four content areas. Global competitiveness is the least present of the three regimes, yet still recognised as a significant driving force for the agricultural sector in the region.

Overall Influence of Policy Regimes Vision, Goals, Objectives, Driving Issues, Policy Regime Recommendations Concerns Regulations Action Items Global Competitiveness Farmland Preservation Food Sovereignty Low Medium High

A tension between large minimum lot sizes and a desire for small lots is evident in the regional agricultural plan and, presumably, in the STRA. In the context of discussing the impacts of subdivision, it is noted in the plan that the Regional District will guard diligently against fragmentation of the land base. At the same time, the plan indicates areas where existing bylaws have been revised to accommodate agriculture in designated areas associated with smaller lot sizes. A concern related to alienation (or sterilization) of farmland in the Regional District, although perhaps not in the case study area, is the planting of trees for carbon credits. This practice has the effect of removing productive agricultural lands and contributing to parcelisation. Although this practice is somewhat isolated presently, its expansion into other areas poses a threat to the land base. Given that ranching is heavily dependent on access to Crown land, the interface between forestry and agriculture presents a set of challenges and some opportunities. Issues related to the use of motorised vehicles in and through range land are noted. Better co-ordination and communication can help to secure tenure arrangement and minimise conflicts, such as use of motorized vehicles and damage to fence lines and other agricultural infrastructure. To conclude, the presence of well-developed local policies and regulations supported by a comprehensive agricultural plan means that local priorities for farmland protection are clearly articulated and well integrated with provincial policies.

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Table of contents

Executive Summary ...... i Table of contents ...... iii Abbreviations ...... iv About the project ...... v Principles for guiding agricultural land use planning ...... vi Maximise stability ...... vii Minimise uncertainty ...... vii Integrate across jurisdictions ...... vii Accommodate flexibility ...... vii Strength of BC’s provincial legislative framework ...... viii Political context and policy regimes ...... x Global competitiveness ...... x Food sovereignty ...... xi Farmland preservation ...... xii Introduction ...... 1 Purpose and scope of case study ...... 1 Methods ...... 1 Overview of site ...... 2 Agricultural profile...... 5 Results ...... 8 State of agricultural land use planning ...... 8 Legislative framework ...... 11 Content analysis of documents ...... 14 Current Issues ...... 17 Small-lot agriculture/farmland fragmentation ...... 17 Alienation of farmland/foreign (out-of-province) ownership ...... 18 Natural Resource Developments...... 18 Policy regimes...... 19 Stakeholder analysis ...... 26 Discussion ...... 28 Assessment of Principles ...... 28 Maximise stability ...... 28 Minimise uncertainty ...... 28 Integrate across jurisdictions ...... 29 Accommodate flexibility ...... 29 Comprehensive ...... 29 Influence of policy regimes ...... 30 Stakeholder analysis ...... 30 Conclusion ...... 31 References...... 32 Glossary ...... 33 Acknowledgements ...... 34 Appendix: Criteria for Evaluating Content of Legislative Framework ...... 35 Appendix: Criteria for determining level of influence of policy regimes ...... 37

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Abbreviations

AAC Agricultural Advisory Commission ADA Agricultural Development Area AIA Agricultural Impact Assessment ALC Agricultural Land Commission ALCA Agricultural Land Commission Act ALR Agricultural Land Reserve APC Advisory Planning Commission BCFGA BC Fruit Growers Association DPA Development Permit Area LGA Local Government Act LRMP Land and Resource Management Plan LUI Land Use Inventory OCP Official Community Plan RDKS Regional District of Kitimat-Stikine SRMP Sustainable Resource Management Plan STRA Smithers Telkwa Rural Area

iv Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

About the project

The provincial project is a one-year study to identify principles and beneficial practices that represent land use planning solutions that protect farmland in northern British Columbia. We have three objectives related to this purpose: 1. To undertake case studies to fill strategic gaps in our understanding of how agricultural land use planning policies and processes at a local level protect farmland while also integrating public priorities across jurisdictions. 2. To analyse three inter-related policy regimes within Canada’s agri-food system: the long-standing policy regimes of global competitiveness and farmland preservation; and the nascent regime of food sovereignty. The aim is to understand how these three policy regimes influence agricultural land use planning at local, provincial, and national levels of policy. A policy regime and its changes refer to the combination of issues, ideas, interests, actors and institutions that are involved. 3. To mobilise knowledge gained from the research by hosting workshops across northern British Columbia.

This project represents an extension of a national project to identify principles and beneficial practices that promote integrated land use planning solutions that protect farmland across Canada.

The relation between agriculture, food, and social priorities is connected to the society we want and the place of food and farmers within it. Historically, the decline in the economic and social role of agriculture has accompanied a significant loss and degradation of the agricultural land base. This trend appears to be reversing. The growth of the local food movement, as evident by the increasing number of farmers markets and citizen-based initiatives like community gardens and local food councils, has been the forerunner of recent calls at the national level for a Canada-wide food policy. Although drastic policy changes are not likely to happen immediately at the national level, changes are already occurring at local and regional levels, with all of Canada’s major metropolitan regions having launched food plans and policy councils (Vancouver, Calgary, Toronto, Ottawa and Montreal). These changes suggest that the place of agriculture and food within Canadian society has shifted to be much more aligned with public priorities. Sorting out relations between agriculture, food, and society falls, in part, within the domain of land use planning because every act of producing and consuming food has impacts on the land base. Yet, in spite of forty years of farmland protection policies, the agricultural land base still faces growing pressures from urban development and the pursuit of other economic priorities, with few indications that this trend will be significantly curtailed. Will this trend be halted if Canada adopts a national food policy that gave citizens more influence over domestic food supplies? If Canada adopted such a policy, do governments have the ability to protect the agricultural land base in order to support these new public priorities? Unlike the urban centres of BC where the greatest pressures on farmland are from urban development, some pressure on agricultural lands in northern BC comes from the development of natural resources, such as forestry and oil and gas. The Site C dam is another source of pressure. Likewise, most of the studies to examine the effectiveness of farmland protection policies have focussed on the pressures from urban development. Recognising that the results of

v Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY these studies are not fully transferable to northern BC, this project aims to assess the state of agricultural land use planning in this area of the province. We anticipate that the greatest potential benefit of the research is to make a positive contribution to the development of agricultural land use plans, planning processes, and policies in northern BC to protect farmland and promote farming as the highest and best use of these lands. Our assessment will be of benefit to land use decision makers, planning practitioners, to non-government organisations, industry groups, farmer organisations, farmers, and the general public.

For more information about the project, please visit the project website or contact Dr. David J. Connell, University of Northern British Columbia. Phone: (250) 960 5835 Email: [email protected]

Website: http://blogs.unbc.ca/agplanning/

Principles for guiding agricultural land use planning

An agricultural land use planning legislative framework provides the context and constraints for what local governments must and can do to protect its agricultural lands. An effective framework of policies, legislation, and governance structures presents an opportunity for local governments, which can then choose how much it wants to take advantage of this opportunity. Within this context it is helpful to be able to assess the quality of an agricultural land use planning framework and understand how well it works and why. For this purpose we have identified the following four principles, which are described below: - Maximise stability - Minimise uncertainty - Integrate across jurisdictions - Accommodate flexibility The concepts of stability and uncertainty must be understood with a view of the world as unpredictable and essentially unknowable. This contrasts with a rationale view of the world as something that we can understand fully – if only we had all of the right data and the ability to process the information. This worldview of an open future presents challenges because planning, by its very function, is focussed on making a desirable future a visible part of today’s land use decision-making processes (Connell, 2009). The aim of planning is not to predict the future or claim to be all-knowing but to envision a desirable future with the information available. The functions of planning are to maximise what we can know about the future and to minimise what we do not know, thereby establishing a domain of understanding within which to make the best possible land use decisions in the present. This leads to the first two principles of agricultural land use planning.

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Maximise stability

Something that is stable is difficult to topple; it stands strong and cannot be easily moved. Likewise, a stable legislative framework for protecting farmland is one that is not easily changed at the whim of shifting political interests; it is well-entrenched in acts of legislation, policy, and governance structures that are based on clear, concise language, and can hold up to court challenge. It is something that people can count on to secure the land base for agriculture and to know what the rules are. In this sense, a measure of stability is a measure of the thing itself – the legislative framework – as it is written in its present form. Thus, stability is a critical measure of the strength of an agricultural land use planning framework.

Minimise uncertainty

In addition to maximising the stability of a legislative framework through clear rules and regulations we must also consider how the framework will be implemented and applied to land use decisions. People want to know they can rely on these rules and regulations to be applied consistently and to know how it will be applied under different circumstances. In this sense, people want not only a stable land base for agriculture but also a legislative framework that provides some certainty about how it will be used to make agricultural land use decisions. However, what we do not know is boundless so we must accept that we cannot eliminate uncertainty. What governments can do is to minimise uncertainty by eliminating loop-holes, ambiguous language, and open-ended conditions. Perhaps more importantly, uncertainty can be minimised through consistent interpretations and applications of the legislative framework. In this sense, a measure of uncertainty is a future-oriented measure of expectations about how the legislative framework will be applied to land use decisions. Thus, the presence of uncertainty is a critical measure of the weakness of an agricultural land use planning framework.

Integrate across jurisdictions

Integrating policies and priorities across jurisdictions is a foundation for building cohesion across provincial, regional, and local governments. This principle of integration can be viewed as a “policy thread” that weaves together traditional areas of responsibility (Smith, 1998). One can also think of integration as a formal “linkage” between policies that provides consistency among them. Such formal linkages can come in the form of a provincial policy that requires a lower- level policy “to be consistent with” provincial statements. The aim of such vertical mechanisms is to ensure that lower-level policies are set within the context of broader public priorities. The same principle of integration applies horizontally, too, so that plans and strategies are co- ordinated and consistent across local governments. In order to successfully integrate policies across jurisdictions there must be sufficient details about the legislative context that guides and constrains local government plans and strategies.

Accommodate flexibility

Creating an effective legislative framework is an act of balance without being too stable so that it cannot be changed when needed or too strict so that it cannot be applied in a range of

vii Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY circumstances. Thus, flexibility is necessary in order to moderate the restrictive effects of maximising stability and minimising uncertainty. The principle is to enable decision-makers to accommodate a controlled level of flexibility without compromising the primary functions of the legislative framework to provide stability and reduce uncertainty. The means to accommodate flexibility is typically done through governance mechanisms, such as quasi-judicial provincial commissions, advisory committees, and application processes.

Strength of BC’s provincial legislative framework

British Columbia’s legislative framework is very strong. The act of legislation to establish a land reserve of all farmland and a quasi-judicial tribunal provides the highest level of stability. As Barry Smith (1998) stated, "A stable ALR is the cornerstone of planning for agriculture; heightening certainty for persons engaged in farm businesses and support industries." Important elements within the legislation include a clear mandate for the ALC that is focussed specifically on protecting farmland. This primary focus has withstood the test of time over forty years in spite of changing governments. The additional legislation to protect farm practices extends this stability to areas of land use conflict. The strong language in the legislation that local government plans must be consistent with the ALC Act provides a necessary link in order to extend the provincial legislation into the domain of local land use planning and decisions. There are, however, several factors within the farmland protection framework that undermine stability and contribute to uncertainty. The most influential tool that has been used by provincial governments to introduce new elements to the legislative framework has been the Ministry of Agriculture’s annual service plan for the Agricultural Land Commission. Annual Service Plans have been used to introduce new factors (e.g., community need and regional responsiveness) that compromised the ALC mandate to protect farmland as a matter of provincial interest. As Gary Runka stated, “Somehow, during the mid-1990s, uncertainty of purpose and direction crept in to both the administration and the perception of BC’s agricultural land preservation program” (Runka 2006:5). At other times the service plans have also been used to re-inforce the legislated mandate. The use of regional panels within the ALC has been a source of uncertainty within the legislative framework. Until 2014 the use of the ALC panels, as per the ALC Act, was at the discretion of the ALC Chair. Over the years the level of influence of regional panels in ALC decisions has shifted. In the 2002 annual service plan, the concepts of “regional representation” and “community need” were formally inserted into the ALC practices. In the following years the influence of the regional panels was strengthened. And, as noted in the 2007 service plan, the number of applications to the ALC for land use changes “increased significantly.” Effectively, the greater level of influence of regional and local interests compromised the mandate of the ALC, thereby changing expectations and introducing a greater level of uncertainty about how the ALC Act would be applied. In 2010, the ALC Chair made changes to return to a more centralised decision-making process that re-focusses on protecting the agricultural land base as a mandate of provincial interest. However, in May, 2014, the ALC Act was amended through Bill 24, which was passed on May 29, 2014. These changes were preceded by statements by BC’s Premier in the summer of 2013 that the ALC Act would be reviewed and subject to change. There were three main changes to the ALC Act: - The ALR was divided into two zones

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- The criteria for agricultural land use decisions in Zone 1 were not changed - The criteria for agricultural land use decisions in Zone 2 were changed and introduced additional factors that the ALC must consider when making decisions (e.g., social, economic, cultural, and heritage values) - The regional panels were now required, as opposed to being at the discretion of the ALC Chair - The level of direct political involvement was increased through the power to appoint members to the ALC (in some cases without consultation with the ALC) The most significant changes affect Zone 2 for which the mandate of the ALC to protect farmland has changed. This change has undermined the stability of the legislative framework and introduced uncertainty about how the new criteria will be applied has also increased. Another important weakness of BC’s agricultural land use planning concerns foreign or out-of-province ownership of land. Presently, BC has no restrictions on foreign ownership of agricultural land, regardless of whether it is in the ALR or not. Foreign ownership of agricultural land increases the possibility that farmland will be alienated. The provincial legislative framework in BC, like most farmland protection policies, is focussed on planning for agricultural land use in the face of urban development and private land. Correspondingly, both the legislation and the supporting materials are directed at integrating provincial policies and legislation with urban land use planning tools of local governments, such as Official Community Plans, implementing bylaws (e.g., zoning regulations), and Regional Growth Strategies. In contrast, planning for agriculture in the face of natural resource developments, usually but not exclusively on Crown land, is largely undeveloped. Regional Growth Strategies are valuable planning tools that can help address natural resource developments, urban development, and farmland protection; however the absence of legal strategic land use planning constrains the development of agricultural land use planning at the regional scale. Although the provincial legislative framework in BC is strong overall, there are two practices associated with how the framework is used that compromise this strength. First, the decision-making process has been driven by applications to change land uses. The ALC Act provides a mechanism for land owners, including governments, to apply to the ALC to exclude or include land in the ALR, to approve subdivisions, and to permit non-farm uses. As recognised in a review of the ALC in 2010, these applications have dominated the activities of the ALC with the direct consequence that the ALC had limited time and resources to dedicate to working with local governments to strengthen land use policies in order to protect farmland. Second, although there is no specific policy that treats each local government differently, the practice of working with local governments to develop land use plans is based on the principle of flexibility. That is, the ALC recognises that the geography of the province is very diverse and that local government plans can – and should (Smith, 1998) – be developed to accommodate this diversity. However, this practice of flexible planning leads to significant differences among local government plans with regard to the level of commitment to protecting farmland, with some plans being inconsistent with the mandate of the ALC Act to protect all farmland. Finally, the ALC recently expressed a strong interest to dedicate more resources to encourage farming and its viability. These complementary activities to protecting the land base were present when the land reserve was first established in 1973. However, the programs were

ix Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY eliminated soon thereafter. Such programs serve indirectly to protect the agricultural land base by increasing the demand for the land itself as productive farmland.

Political context and policy regimes

To understand how political contexts and multiple public priorities influence agricultural land use planning in Canada, and to what extent it has already had an impact, we will examine the interaction of three current policy regimes: global competitiveness, farmland preservation, and food sovereignty. A policy regime and its changes refer to the combination of issues, ideas, interests, actors and institutions that are involved. Actors of agricultural policy regimes include a wide range of interests represented by citizens, all levels of government, local organisations, professional organisations representing producers, farmers and ranchers themselves, unions, industry trade associations and environmental groups, among others. In Canada, the two policy regimes of global competitiveness and farmland preservation have influenced policies for several decades. The recent emergence of food sovereignty as a policy regime reflects growing public concerns about the security and safety of Canada’s domestic food supply, and may have significant implications for Canada’s global competitiveness and the conservation and use of agricultural land. In this section we described each of these three policy regimes. A description of the criteria we used to determine the level of influence of each policy regime is provided in the appendix.

Global competitiveness

A policy regime of global competitiveness has strengthened over the past forty years at both the national and provincial levels, usually in the context of pressures on industry viability in the face of freer trade. An interest in global competitiveness often requires policies and strategies to successfully integrate into the global economy. A recent report on competitiveness by the House of Commons Standing Committee on Agriculture and Agri-Food focussed on access to new markets, barriers to trade, food safety and product labelling, and market concentration within sectors. Input to this report was provided by national and regional commodity trade associations, meat and other food processors, transportation associations, and policy institutes, among others. Scholars in this field, such as Grace Skogstad, have noted that, although the membership of the agri-food policy community in Canada is strong individually, the community is nationally fragmented and organisationally divided, as national policies do not always serve all members or geographic regions equally. For example, export-oriented policies may promote the export of raw food products at the risk of higher prices for domestic food processors. Such policies also have regional differences, where policies may benefit one region (food processing in central Canada) to the disadvantage of food producers in another region (food producers in the prairies). Notwithstanding these internal challenges, the competitiveness policy regime continues to strengthen, as evident in the Growing Forward 2 (GF2) policy framework announced on September 14, 2012.

Key ideas from GF2: - Competitiveness and Market Growth: The sector needs to continually increase productivity, to reduce costs and to respond to consumer demands, such as for high-

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value products with specific attributes. Competitiveness also means increasing our share of domestic and international markets. - The key drivers are: o Innovation: The sector adopts and implements new technologies and innovations, creating and using knowledge to develop new products, technologies and business management practices that drive down costs, increase productivity and respond to consumer demands. o Institutional and Physical Infrastructure: Effective rules, regulations, standards, organizations, and physical infrastructure allow firms to operate and markets to function efficiently for a profitable sector and the well-being of Canadians. - Competing on cost: One factor in assessing the competitiveness of Canadian agriculture and agri-food sector is how cost-efficient Canadian agricultural producers, manufacturers and exporters are in relation to competitor suppliers. This is influenced by a number of factors, including natural resource availability and use, input prices, labour availability and cost, and scale of operation. - Innovation is critical for improved cost competitiveness. Innovation can lead to improved productivity and reduced costs. However, despite significant agricultural research, the sector could be more effective in applying knowledge and innovating along the supply chain. - Focus on the role of innovation for productivity growth and the ongoing efforts to access emerging growth markets. - Continual innovation and adaptation has contributed to increased yields and the creation of new products and production methods - Increased trade, globalization of supply chains, and more exacting consumer demands have increased the importance of rules, regulations, and other market infrastructure - Additional industry capacity and infrastructure investments, such as information and communication technologies, will be required to enable producers, processors, buyers, and government agencies to adjust effectively to new food safety regulations and buyer assurance standards. - Bilateral and multilateral trade agreements and trade promotion efforts are essential.

Food sovereignty

For our purposes, food sovereignty is a broad term that focusses on the right of citizens to have greater control over its food supply. The term encompasses food security and food safety. Food security is concerned about the availability, accessibility, and affordability of food. While the control of food supplies were among the earliest drivers of nation-building and human settlements, food sovereignty, as defined by the International Planning Committee for Food Sovereignty, is about the right of peoples to define, protect and regulate domestic agricultural production and land policies that promote safe, healthy and ecologically sustainable food production that is culturally appropriate. Within Canada, the growth of the local food movement, as evident by the increasing number of farmers markets and citizen-based initiatives like community gardens and local food councils, has been the forerunner of recent calls for citizens having greater control over national agri-food policies. The National Farmers Union, Canadian Federation of Agriculture, and Food Secure Canada are some of the national actors

xi Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY calling for changes. Adopting agri-food policies that promote greater food sovereignty could easily reach into people’s daily lives, with economic, social and environmental implications, both positive and negative. Such policy will be regarded quite differently depending on a person’s values and priorities, and where agriculture fits among them.

Farmland preservation

Different terms are used in this policy regime including farmland conservation, farmland preservation, and farmland protection. For our project we will use farmland protection and farmland preservation in two specific ways:

 Farmland protection: a narrower term that we will use to refer specifically to land use planning policies that aim to protect farmland so that it is available for farm uses; we will use farmland protection in relation to the contents of a legislative framework.  Farmland preservation: is a broader term that concerns all aspects of policies related to farmland including policies that not only protect farmland but are also concerned with soil and landscape conservation, etc.; can be synonymously with farmland conservation; we will refer to all that is related to farmland preservation as a policy regime.

As a policy regime, preserving farmland first garnered serious public attention in Canada in the early 1970s with most provincial and local jurisdictions having some form of legislation or guidelines in place by the end of the 1970s. The historical development of farmland policies in Canada were accompanied by a wide range of economic, environmental, and social issues that were associated with and re-inforced tensions among different land uses, such as residential, commercial, industrial, and natural resource development. Correspondingly, motivations for preserving farmland are influenced by factors such as food production, market value for land, environmental issues, amenity of rural landscapes, agrarian ideals and land use conflicts on the urban fringe. In spite of efforts over the past forty years, Canada has experienced a continual loss of prime farmland across the country. The issue is especially acute in Ontario, which contains the country’s largest supply of prime agricultural lands, but concerns for the preservation of farmland exist across the country, albeit to varying degrees. But is also acute in other jurisdictions due to a much more limited and declining agricultural land base, such as in British Columbia and Quebec. Concern about the loss and fragmentation (parcelisation) of farmland continues to be an issue in the face of continued urban sprawl and alienation of farmland (i.e., farmland that is not being farmed or no longer suitable for farming). These issues often lead to further problems, such as conflicts or tension with residential, recreational, infrastructure, and industrial land uses. Loss of farmland is often associated with concerns about the supply of local food and, increasingly, it is concerned with “land grabbing” through foreign or out-of-province ownership of land.

xii Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Introduction

Purpose and scope of case study

In this report we present the results of a case study of agricultural land use planning in the Smithers Telkwa Rural Area (STRA), an area surrounding the Town of Smithers and the Village of Telkwa in the Regional District of Bulkley-Nechako, British Columbia. This case study contributes to three areas of knowledge. In the broadest sense, the case study is part of a national project to identify principles and beneficial practices that represent land use planning solutions that protect farmland. For our purposes, completing the case study helped us to assess the usefulness of these principles as an effective tool to understand and formulate agricultural land use planning policies. The case study also contributes to a more specific understanding of the state of agricultural land use planning in northern British Columbia, where farmland protection faces particular pressures from natural resource development. Finally, the case study lends insight to the state of agricultural land use planning in the STRA and to gain a better understanding of how the local agricultural land use policies are integrated with the public priorities of each case study site. The case study of the STRA involved an assessment of the breadth and quality of the legislative framework that governs agricultural land use planning, including the documentation of policies, legislation, and governance structures and a detailed analysis of the contents of these documents. The case study also involved an assessment of the political context within which agricultural land use planning processes are completed and decisions are made. Our assessment of the political context included documentation and analysis of three policy regimes: farmland preservation, global competitiveness, and food sovereignty and of the influence of stakeholders.

Methods

Legislative framework:

The methods used to complete the preliminary assessment involved several activities:

 Document agricultural land use planning legislative framework: The legislative framework consists of policies, legislation (and by-laws), and governance structures related to agricultural land use planning at local, regional (or upper-tier), and provincial levels of government. The policies and legislation were identified as enforceable, aspirational, or enabling. Refer to the appended glossary for definitions of these and other terms.

 Content analysis of legislative framework documents: After identifying the relevant documents the next step was to analyse the level of detail of each document’s contents. The aim of the content analysis is to assess the breadth and quality of the legislative framework.

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Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Political context:

 Policy regimes We analysed the contents of documents with regard for the presence and importance of policy regimes. The documents included those identified in the legislative framework. The aim is to assess the extent to which agricultural land use planning accommodates the three policy regimes, influences land use decisions, and encompasses a comprehensive view of food systems planning, activities, and issues.

 Stakeholder analysis We identified relevant stakeholders and then completed a profile for each one, including documentation of their interests, issues, and ideas. We then assessed their level of influence within agricultural land use planning.

Overview of site

The Regional District of Bulkley-Nechako is centrally located in BC (see Figure 1). The Regional District has a population of 39,208 (2011 Census) with a jurisdictional area of 7.34 million hectares (ha). The RDBN is comprised of eight municipalities and seven electoral areas. The municipalities include the Town of Smithers, District of Houston, District of Vanderhoof, Village of Burns Lake, Village of Fraser Lake, District of Fort St. James, Village of Telkwa, and the Village of Granisle. The main economic activities within the region include forestry, mining, agriculture, and tourism industries. The STRA (Figure 2), as our case study site, includes all of Electoral Area A except for the Town of Smithers and the Village of Telkwa. This study area is consistent with the area covered by the Smithers Telkwa Rural OCP (RBDN, 2014). (There are separate OCPs for the Town and the Village.) The satellite image, shown in Figure 2, indicates the topography of the area, showing the mix of mountains and valley bottoms. The study area also includes traditional territories of the Office of the Wet’suwet’en Moricetown Band, Lake Babine Nation, Skin Tyee Nation, Gitxsan Hereditary Chiefs, and Kitselas First Nation. The population of Electoral Area A has fluctuated slightly since 1996 with a slight decline (-3.3%) overall (Chart 1). Similar trends were experienced in the incorporated areas of Smithers and Telkwa. Relative to the RBDN and BC, the population of Electoral Area A has a high median age, higher education level, and high income levels. The RBDN suggests that these characteristics may be associated with the area’s highly attractive amenity values, such as a diversified economy, scenic beauty, and recreational opportunities.

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Figure 1. Map of RDBN with municipalities and electoral areas.

Source: Ministry of Agriculture (2013)

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Figure 2. Aerial view of Smithers Telkwa Rural Electoral Area A.

Source: Regional District of Bulkley-Nechako (2014)

Chart 1. Electoral Area A Population, 1996 to 2011. 6000

5000

Electoral Area A 4000 Smithers 3000 Telkwa

2000

1000

0 1996 2001 2006 2011

Source: Regional District of Bulkley-Nechako (2014)

4 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Agricultural profile

The Regional District has 840 reported farms and 1,300 operators (Census of Agriculture, 2011). About half of the farm operators are 55 years of age and over, and only a few (5.4%) are under 35 years (see Table 1). Agricultural activities within the RDBN are related to dairy, livestock, and forage production. In Electoral Area A, agricultural activities are also primarily ranching, dairy, and forage. The profiles of livestock and field crop activities are shown in Tables 2 and 3, respectively.

Table 1. Reported Age of Farm Operators Number of Reported Age of Farm Operator Operators Percent of total Under 35 years 70 5.4 35-54 years 565 43.5 55 years and over 665 51.2 Total 1,300 Source: Census of Agriculture, 2011

Table 2. Livestock on Farms by Electoral Area A B C D E F G Beef cows 77 22 18 39 56 142 32 Dairy cows 15 5 2 0 4 6 1 Sheep and lambs 22 9 3 3 8 19 5 Pigs 11 6 0 7 6 18 1 Horses and ponies 102 22 18 39 61 153 32 Goats 10 4 2 6 6 5 0 Llamas and alpacas 7 4 0 2 6 7 1 Rabbits 11 2 0 2 4 6 0 Bison (buffalo) 0 0 0 0 0 1 0 Hens and chickens 50 14 8 16 26 50 5 Turkeys 7 3 0 1 5 6 1 Source: Regional District of Bulkley-Nechako (2012)

Table 3. Agricultural Land Use (hectares) by Electoral Area A B C D E F G Land in crops (excluding Christmas tree area) 10,789 1,505 1,829 6,842 8,010 27,700 2,353 Summerfallow land 84 18 0 0 84 217 0 Tame or seeded pasture 4,883 1,078 955 4,068 3,433 14,159 972 Natural land for pasture 25,500 7,824 3,686 15,551 30,197 28,913 12,641 Woodlands and wetlands 0 2,531 1,520 0 7,404 0 960 Area in Christmas trees, woodlands and wetlands 4,789 2,531 1,520 2,910 7,404 8,522 960 All other land 1,277 709 0 0 1,667 4,056 427 Source: Regional District of Bulkley-Nechako (2012)

There are 365,623 hectares of ALR land in the RDBN (4.8% of the overall area). The total area farmed in the RBDN is 251,422 ha, which is less than the total ALR lands. In Electoral Area A, ALR lands comprise 19.3% of the rural land base; 8.5% of the rural Area A lands have farm

5 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY status (Table 4). Figure 3 shows the location of ALR lands in Electoral Area A. Electoral Area A also has the highest number of ALR parcels smaller than two hectares in the region (Chart 2).

Table 4. Area and Farm Use of Lands ALR Land in RDBN 365,623 ha Land in Rural Area A 370,529 ha ALR Land in Area A 71,415 ha = 19.3% of Rural Area A lands = 19.5% of RDBN ALR lands Private ALR land 48,821 ha = 68.4% of Rural Area A ALR lands Land with farm status 31,645 ha = 8.5% of Rural Area A lands Source: Regional District of Bulkley-Nechako (2012)

Figure 3. Smithers Telkwa Rural Electoral Area A: Agricultural Reserve Lands.

Source: Ministry of Agriculture (2013)

6 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Chart 2. Number of agricultural parcels by parcel size (hectares)

2,500

Area A 2,000 RDBN

1,500

1,000 Number of parvelsof Number

500

- <2 2-10 10-25 25-50 50-100 >100 Parcel sizes (hectares)

Source: Regional District of Bulkley-Nechako (2012)

7 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Results

In this section we present the results for the case study of the STRA. We begin with our assessment of the state of agricultural land use planning. We then focus on details of the local legislative framework within the context of regional and provincial policies and legislation. Next we present the results of the content analyses of local government policies and legislation followed by the results of the political context, which includes our assessment of the influence of the three policy regimes (farmland preservation, food sovereignty, and global competitiveness). The section ends with results of the stakeholder analysis.

State of agricultural land use planning

Agricultural activities have been a part of the regional landscape for a long time but planning for these activities and land uses got more attention recently. One factor contributing to the increased attention in the region is the Omineca Beetle Action Coalition’s (OBAC) Agriculture Sector Strategy (OBAC, 2009). The strategy was developed for an area that encompasses the RDBN and Regional District of Fraser-Fort George. As a strategic plan dedicated to agriculture across the region, the Agriculture Strategy provided a solid foundation for development of agriculture in the region. The vision, objectives, and recommendations emphasise food production and a strong, profitable agriculture sector for the region. Twenty-nine specific actions were proposed to support the four main objectives put forth in the plan: diversify and strengthen the agriculture sector; form stronger partnerships across the agriculture sector; increase the capacity to train and recruit the required work force; and, increase public support for the sector and interest in locally produced, high quality food. One of the recommendations within the Agriculture Sector Strategy was to implement a region-wide Agricultural Advisory Committee (AAC) to help direct support and resources to address gaps of the agricultural sector and land use planning policies and regulations. Following the development of the Agriculture Strategy, the RDBN completed an agricultural plan for its region. The plan, completed in 2012, is a comprehensive and significant contribution that improves the quality of agricultural land use planning for the Regional District. The purpose of the RDBN agricultural plan is to support and strengthen the agriculture sector within the area, with recommendations, goals, and actions to address specific issues, challenges, and opportunities. The Plan specifies the need for stronger communication of the Agricultural Land Reserve (ALR) boundaries and processes for applications to the Agricultural Land Commission (ALC) that are specific to the regional needs and agricultural industry activities. The plan includes recommendations for undertaking an agricultural land use inventory, promoting the Environmental Farm Plan program, and amending RDBN zoning bylaw and all OCPs. After the completion of the plan, a comprehensive and detailed inventory was completed for Area A and changes have been proposed for the OCP. Altogether, these efforts and outcomes have improved the level of protection for farmland in the region while also identifying possible ways to accommodate public priorities that require non-farm uses on the agricultural land base.

8 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Applications to the ALC

To lend insight to the state of agricultural land use planning in the STRA, we collected and analysed applications submitted to the Agricultural Land Commission (ALC) between 2008 and 2014. For all of the RBDN area, the ALC processed 105 applications. The number of applications per year has declined since 2009 with a significant drop in 2013 (Chart 3). Most of these applications were for the STRA, followed by Vanderhoof (Table 5), which are two areas that have a combination of higher populations and a productive agricultural land base. The largest number of applications was for subdivision requests (Table 6). As shown in Table 7, most of the applications within the STRA were for subdivisions, of which two-thirds were approved. As a point of comparison, the situation in Vanderhoof is similar (Table 8), with most applications being for subdivisions, with about 50% approved.

Chart 3. Number of Application to ALC by year (2008-2014)

25 23 21 20 17 17

15 12 10 10

5 5

0 2008 2009 2010 2011 2012 2013 2014*

* As of March, 2014

Table 5. ALC Applications by Area (2008-2014) Number of Municipality/Electoral Area Applications Smithers/Telkwa (A) 57 District of Vanderhoof (F) 27 Village of Fraser Lake (D) 7 Houston (G) 5 Francois/Ootsa/Takysie/Grassy Plains (E) 2 Burns Lake (B) 5 Unknown (Location Not Specified) 1

9 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 6. ALC Application Decisions by Type of Application (2008-2014) Type of Application Non- Removal Homesite Application Farm of Severance Decision Subdivision Exclusion Inclusion Use Corridor Soil Covenant Policy Total Allow as 33 2 7 5 4 0 0 1 52 Requested Allow with 10 4 4 5 0 2 0 0 24 Conditions Refused as 21 5 0 0 0 0 1 0 27 Proposed Total 64 11 11 10 4 2 1 2 105

Table 7. ALC Application Decisions for Smithers Telkwa Rural Area (2008-2014) Type of Application Non- Removal Homesite Application Farm of Severance Decision Subdivision Exclusion Inclusion Use Corridor Soil Covenant Policy Total Allow as 17 1 1 4 4 0 0 2 29 Requested Allow with 8 2 0 1 0 2 1 0 14 Conditions Refused as 11 3 0 0 0 0 0 0 14 Proposed Total 36 6 1 5 4 2 1 2 57

Table 8. ALC Application Decisions for District of Vanderhoof (F) Electoral Area (2008-2014) Type of Application Non- Removal Homesite Application Farm of Severance Decision Subdivision Exclusion Inclusion Use Corridor Soil Covenant Policy Total Allow as 7 0 3 2 0 0 0 0 12 Requested Allow with 1 1 2 1 0 0 0 0 5 Conditions Refused as 9 1 0 0 0 0 0 0 10 Proposed Total 17 2 5 3 0 0 0 0 27

10 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Legislative framework

The first step to assess the legislative framework for the STRA was to identify the policies, legislation (and bylaws), and governance structures related to agricultural land use planning for the Smithers Telkwa Rural Area (Electoral Area A) and RDBN. Policy documents were identified as enforceable, aspirational, or enabling (refer to the appended glossary for definitions of these and other terms). The legislative framework is compiled in Table 9. The legislative documents include the Smithers Telkwa Rural OCP for Area A and the zoning bylaw that covers the RDBN. Three policy documents were identified as relevant for our purposes. The main policy document is the agricultural plan for the Regional District. The other policy documents include the OBAC agricultural strategy and the Bulkley Valley Sustainable Resource Management Plan (SRMP), which is a landscape level plan derived from the Bulkley Land and Resource Management Plan (LRMP). The SRMP is a strategic land use plan that identified protected areas and provided integrated land use planning for all resource values, including agriculture. The primary governance structure for agricultural land use planning at the local level in BC is an Agricultural Advisory Committee (AAC). There is no current AAC that serves the STRA. The ALC North Region Panel makes decisions regarding ALC applications for the region. The STRA has an Advisory Planning Commission (APC). An APC is an independent body of local residents, appointed by the Regional District, with a mandate to provide input into the planning process. The power of an APC is limited with no decision-making responsibility; it only provides advice on matters respecting land use, community planning, or proposed bylaws and permits; it does not have any direct approval, ownership, or authority over matters that are referred to them, nor does an APC establish policy. Matters referred to an APC include applications to the ALC North Panel.

Official Community Plan

An OCP, as enforceable legislation implemented through zoning bylaws, is a key element of stability for a local framework. The purpose of an OCP is to establish a long-term vision for an area and its residents; it sets objectives and policies that guide decisions on land use management. Given its importance, we reviewed the STRA OCP to understand the importance of agriculture among other priorities of public interest and land use policies. The importance of agriculture to the area is evident. The section General Plan Vision of the OCP includes a sub-section on the Vision for Agriculture (s2.1.1), as follows:

Maintaining the viability of the area’s agricultural sector is critically important to the character and economy of the area. The residents of Electoral Area A support the goals and recommendations of the RDBN Agriculture Plan. The importance of the role of the Agricultural Land Reserve in preserving land for agricultural use is recognized. The consumption of local agriculture products is encouraged through promotion and support of local vendors. The intrusion of residential development into agricultural areas is recognized as a potential problem that will be guarded against.

11 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Correspondingly, under the General Plan Goals, the OCP states, “The Plan strives to protect and preserve farm land and soil having agricultural capability, and encourage and support the appropriate utilization of that land for agricultural purposes” (s2.2(6)). An OCP, if the plan area has agricultural lands, will include a land designation and description for its agricultural lands. These designations may be combined with other uses, such as Agriculture/Resource. The land designation in the Smithers-Telkwa Rural Area is as follows:

Agriculture (AG): The Agriculture (AG) designation applies to those areas that are most suitable for agricultural activities. It is the intent of this designation to protect and preserve farm land and soil having agricultural capacity, and facilitate the appropriate utilization of that land for agricultural purposes. In general the Agriculture (AG) designation follows the boundaries of the Agricultural Land Reserve (ALR).

This designation recognises the capability of the area’s agricultural land and the need to support agricultural uses of these lands. An OCP often includes a section on agricultural objectives. Here, too, we can get a sense of the importance of agriculture and the level of detail dedicated to supporting agriculture. The STRA OCP includes four statements under Objectives (s3.1.1).

(1) To protect and preserve farm land and soil having agricultural capability. (2) To encourage the expansion and full utilization of land for agricultural purposes. (3) To support the objectives of the Provincial Agricultural Land Commission. (4) To encourage a diversity of agricultural uses and opportunities, as well as innovative agricultural practices.

We also reviewed the agricultural land policies. The results are displayed in Table 10. The list of policies and regulations in the table are compiled from OCPs in Regional Districts throughout northern BC; they are included here as a means to assess the breadth of the policies in the STRA OCP. Although the OCP does not cover every element that is included in the compilation, and is not expected to, further study is needed to fully understand the implications of these differences are for guiding agricultural land use decisions. In addition to the importance of agriculture, we also identified the statements that are most directly relevant to protecting agricultural land. These statements appear as goals, objectives, and policies in different parts of the plan, and have been included above.

Plan  The importance of the role of the ALR in preserving land for agricultural Vision use is recognized. (s2.1.1)  The intrusion of residential development into agricultural areas is recognized as a potential problem that will be guarded against. (s2.1.1) Plan Goals  To protect and preserve farm land and soil having agricultural capability, and encourage and support the appropriate utilization of that land for agricultural purposes. (s2.2(6)) Objectives:  To protect and preserve farm land and soil having agricultural capability. (s3.1.1(1))

12 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 9. Legislative Framework for the Regional District of Smithers Telkwa Rural Area

POLICY LEGISLATION GOVERNANCE

Agricultural Land Commission Act Local Government Act

Farm Practices Protection

(Right to Farm) Act [ALC] Annual Service Plans Agricultural Land Commission Land Title Act [MAL] Strengthening Farming [ALC Act] Water Act [ALC] ALR and Community Planning Administrative Tribunals Act Forest and Range Practices Act Guidelines Governance Policy for the Range Act [Smith] “Planning for Agriculture” Agricultural Land Commission Land Act

PROVINCIAL Agricultural Land Reserve Use, Subdivision, and Procedure Regulation

LGA Part 25 849 (e) Purpose of regional growth strategy: maintaining the integrity of a secure and productive resource base, including the agricultural land reserve

LGA Part 25 46 Conflict with bylaws A local government must ensure that its bylaws are consistent with the ALC Act. A bylaw that is inconsistent has no force or effect. LGA Part 25 882 (3) (OCP) Adoption procedures 882

REQUIRED The local government must refer the plan to the ALC for comment. INTEGRATION LGA Part 25 946 (3) Subdivision to provide residence for a relative ALC Act 13 Dispute resolution on community issues

 RDBN Agriculture Plan (2012)  Bulkley LRMP (1998)  RDBN Zoning Bylaw 700 (1993)  BulkleyValley SRMP (2006)

 Omineca Agricultural Sector Strategy (2009) REGIONAL

 Electoral Area A Advisory Planning  Smithers Telkwa Rural OCP, No. Commission (RDBN Bylaw No. 1704 (2014) 1501, (2009)) LOCAL

Acts (provincial laws), bylaws (local government laws, e.g., official municipal plan) [italicised] Enforceable policy, regulations pursuant to acts [bold] Aspirational policy at all levels [plain text]

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Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 10. Agricultural Policies and Regulations, Smithers-Telkwa Rural Area Protect farmland/support ALC Inclusion is supported  Minimise potential conflicts Farm Practices Protection Act  Re-direct non-farm uses Water supply and management Use fencing, edge-planning, buffers  Minimum parcel size (ha)  (16 ha) Retain large holdings  Discourage subdivision/small lots  Support consolidation  Preserve contiguous areas  Minimise impact of roads, corridors  Expand agricultural land area Conditions for subdivisions/NFU  Permit uses that allow restoration  Covenants on lands adjacent to ALR Comply with provincial regulations  Prevent/manage invasive plants Support local, traditional food Support urban agriculture Support agri-tourism Consider future residential growth  Measure alienation of farmland Reduce energy use/GHG Encourage economic development for agriculture Integrate with resource management on Crown land

As part of its Vision for Agriculture, the OCP refers directly to the Agriculture Plan: “The residents of Electoral Area A support the goals and recommendations of the RDBN Agriculture Plan” (p. 14). This integration of the plan complements the elements of the OCP that indicate that agriculture and protecting farmland are very important within the local legislative framework for agricultural planning. Most notably, the Plan includes the following statement under the Action Plan: “The RDBN should continue with its efforts to protect and preserve farm land and soil having capability for agricultural purposes through the restriction of subdivision, and limited encroachment of non-farm uses.” (p. 112).

Content analysis of documents

After documenting the legislative framework we assessed the contents of the documents. The results of this content analysis reflect the breadth and quality of the legislative framework. For this we used a three-point (check mark) scale indicating different levels of detail from minimal (√) to moderate (√√) to high (√√√). The criteria we used for this part of the assessment are included in Appendix: Criteria for Evaluating Content of Legislative Framework.

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Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Local government legislation documents

With regard to the contents of the legislation documents, none possess a high level of detail regarding agricultural land use planning (Tables 11 and 12). The STRA OCP has the most detail. Importantly, the OCP provides an explicit statement about its vision for and strong commitment to agriculture, as noted above. The explicit reference to the RDBN Agriculture Plan lends greater importance to the plan, thereby making it, to some extent, an enforceable policy. Some of the wording from the agricultural plan, as well as definitions for intensive production, is included in the OCP. Regulations for agricultural land uses are included in the zoning bylaw for the region. Matters of governance are covered under the Advisory Planning Commission bylaw.

Local government policy documents

The policy documents that we assessed included the RDBN Agriculture Plan and OBAC’s agricultural strategy (see Tables 13 and 14)1. The agricultural plan is a comprehensive and detailed document covering agricultural land uses. It has a very high level of detail about the legislative context; vision, goals, objectives, and recommendations; background on agriculture; regulations, and maps. The plan provides a set of recommendations to three levels of government: the province, the Board of RDBN, and others (e.g., CN Rail, BC Hydro). The recommendations are presented under the categories of Land Issues, Regulation Based Issues, Development and Resource Issues, and Creating a Market. Under land issues, the plan recommends that the RDBN should continue with its efforts to protect and preserve farmland. The recommendations include actions to revise existing OCPs and the Region’s zoning bylaw to reflect goals and policies identified under the Local Government section (1.4.3) of the plan, which includes clear language for the protection of agricultural lands. The Agriculture Plan is named in the STRA OCP (Table 15) and led to revisions in the OCP. Of the three policy documents, the LRMP has the most influence over land use planning, but only for Crown lands. The SRMP includes a minimum level of detail of relevant provincial legislation overall, with more detail related to accessing Crown land for range use. The SRMP provides general management direction for to sustain and enhance the agricultural industry; foster and encourage cooperation between range and other users and land values; and foster cooperation in agricultural land development for biodiversity and sustainability. As an outcome of the SRMP, Crown lands with agricultural capability were designated as Agriculture Development Areas (ADAs). These were not established as legal objectives. The OBAC agricultural strategy focusses on the agriculture sector broadly and on local food security issues, with recommendations for these areas of concern. Correspondingly, the strategy provides a good level of detail on the background of agriculture in the region and covers goals and objectives for the sector, and has some detail about agricultural land use planning in the section Sector Land and Resource Management Issues. The importance of agricultural land use planning is reflected in the following statement (p. 28): “There is a need to retain existing agricultural land for future industry use and a need to identify and develop additional land for

1 A regional economic development action plan was completed in October, 2014 (Millier Dickinson Blais, 2014). Due to the timing, this policy document was not included in our analysis.

15 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 11. Contents of local agricultural land use legislative documents Vision, Goals, Regulations Legislative Objectives, (enforceable policies, Name of document Context Background Recommendations procedures) Maps Smithers Telkwa Rural OCP, Bylaw No. 1704 (2014)      RDBN Zoning Bylaw No. 700 (1993)   

Table 12. Breadth and depth of legislative context: legislation documents Legislative context (legislation and policies) Land use planning tools Gov Right to Water Land Range By- Name of document ALC Act Farm Act Title LGA Act ADA law DPA APC Smithers Telkwa Rural OCP, Bylaw No. 1704 (2014)    RDBN Zoning Bylaw No. 700 (1993)   

Table 13. Contents of local agricultural land use policy documents Vision, Goals, Regulations Legislative Objectives, (enforceable policies, Name of document Context Background Recommendations procedures) Maps RDBN Agriculture Plan (2012)*      Omineca Agriculture Sector Strategy (2009)     Bulkley Valley SRMP (and LRMP)   * For present purposes, the agricultural land use inventory is incorporated into this part of the analysis. Completing the inventory was recommended in the plan. Table 14. Breadth and depth of legislative context: policy documents Legislative context (legislation and policies) Land use planning tools Gov Right to Water Land Range By- Name of document ALC Act Farm Act Title LGA Act ADA law DPA AAC RDBN Agriculture Plan (2012)          Omineca Agriculture Sector Strategy (2009)   Bulkley Valley SRMP (and LRMP)   

Table 15. Status of local agricultural land use policy documents Aspirational Enforceable Received by Smithers Telkwa Rural OCP, Bylaw No. 1704 (2014) Name of document In progress Council Named in plan Led to revisions Adopted as by-law RDBN Agricultural Plan (2012)   

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Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY eventual agricultural application.” Protecting farmland is not mentioned in one of the five recommendations but is listed under “Develop infrastructure that supports the agriculture sector and removes barriers to its further development and diversification.” In response to the recognised need to maintain and expand the agricultural land base, this recommendation includes the need to “ensure existing productive agricultural land is retained and identify land for future agricultural production” (p. 32). The agricultural strategy was produced in 2009, described in the RDBN agricultural plan, but has not been referenced within legislation documents.

Current Issues

When reviewing the contents of the documents, we also explored three issues that have come up in the project that are current issues in most areas: small-lot agriculture/fragmentation of farmland; alienation of farmland/foreign ownership; and natural resource developments.

Small-lot agriculture/farmland fragmentation The combined issue of small-lot agriculture and fragmentation of the land base centres on what appears to be a growing awareness of food sovereignty. Much of this interest in small-lot agriculture is associated with new farmers and their need for affordable land that is reasonably close to population centres. What makes the demand for small-lot agriculture particularly important is that there is often little room within farmland protection legislative frameworks to accommodate smaller lots. The main reason is that sub-dividing into smaller lots is in direct conflict with the over-riding goal to not fragment the land base. The primary land use planning tool for preventing fragmentation is large minimum lot sizes. Thus, small lots and farmland protection are often in direct opposition. This tension between large minimum lot sizes and a desire for small lots is evident in the regional agricultural plan and, presumably, in the STRA. The plan includes a sub-section specifically for a discussion of issues regarding lot size. As stated, “Maintaining appropriately large parcel sizes and keeping smaller parcel residential development and other uses away from farming areas is an important factor in preserving the integrity of agricultural lands, and minimizing conflict between agriculture and non- agricultural uses” (pp. 72-3). The RDBN concludes, “There is no mechanism for the Regional District to ensure the long-term agriculture use of such properties and prevent their conversion to strictly residential use” (p. 73). In the context of discussing the impacts of subdivision, it is noted in the plan that “the RDBN Board, and the ALC must continue to diligently guard against the fragmentation of agricultural lands, and the further encroachment of residential development into agricultural areas” (p. 75, emphasis added). At the same time, the plan also indicates areas where steps have been taken to recognise and accommodate smaller lot sizes. The zoning bylaw was being reviewed to permit livestock within rural zones that typically have smaller parcel sizes. Within the Smithers Telkwa Rural OCP, small parcels are allowed in rural and agriculture zoning designations under certain circumstances. “Applications to permit smaller parcels may be considered where the requirements of Section 3.4.2(9) are met, and the proposed subdivision will not have a net negative impact on the agricultural use of the lands being subdivided, or surrounding agricultural lands” (p. 18). Overall, the documents cover both sides of the small lot agriculture debate. At this time, the Regional District has decided to agree with the ALC’s view that fragmentation of

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Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY land from smaller parcels should be avoided. Presently, different mechanisms to accommodate second incomes for farmers on their properties are being utilized, such as recommendations to the ALC Panel to allow non-farm uses and home occupations.

Alienation of farmland/foreign (out-of-province) ownership Although foreign ownership of land is not mentioned as a specific agricultural land use planning issue, the region faces a significant threat from corporations purchasing productive farmland and planting trees for carbon credit. The corporations are often foreign-owned. This practice has the effect of removing productive agricultural lands and contributing to parcelisation. Although this practice is somewhat isolated presently, its expansion into other areas poses a significant threat to the land base. This issue of tree planting is also related to natural resource development pressures on agricultural land, as discussed next.

Natural Resource Developments Agricultural land use planning is most often associated with urban development. In northern BC, pressures also come from natural resource developments, such as forestry and oil and gas. The expected increase in industrial activities and forecasted water issues arising from climate change both suggest a greater need for integrated land use planning. In the STRA’s legislative framework, there is a specific focus on the interface between agricultural lands and forestry. Several sources of pressure and concerns are identified and a solution for a better balance is sought. The OCP includes an agricultural policy that states, “The Province is encouraged to implement innovative approaches to making appropriately located Crown lands available and affordable for agricultural use.” The OCP also includes a (new) section that addresses potential conflicts and opportunities associated with mineral and aggregate resources. This section deals with a range of issues and refers directly to soil removal on ALR land being subject to the ALC Act. The concerns about the interface between agriculture and forestry are also highlighted in the RDBN agricultural plan. The plan notes that ranching in the region is heavily dependent on access to Crown land. Significant issues related to the use of motorised vehicles in and through range land are noted. Other issues include damage caused to fence lines and other agricultural infrastructure by logging contractors and the loss of agricultural land by the planting or replanting of trees. In this context, the plan states, “The Ministry of Forests, Lands and Natural Resource Operations has an opportunity to support range users by consulting with them when forestry activities are planned and executed within range lands” (p. 63). While working more closely with the forestry sector is important to address issues, it is also beneficial for pursuing opportunities, like improving access to Crown lands. The OBAC agricultural strategy acknowledges a need to address these pressures in the following statement: “Maximizing compatibility between agricultural expansion and forest or other uses is a recognized and important objective for resource management planning” (p. 28). This point is then emphasised in the following statement: “Without secured tenure arrangements for grazing, ranchers, for example, may be reluctant to undertake fencing investments and other infrastructure investments on their farm properties” (p. 28). The SRMP, in conjunction with LRMPs, play a role to integrate agricultural land uses with natural resource developments on Crown land. LRMPs are non-enforceable landscape-level plans that are designed to support forest management and also to establish protected areas. Some

18 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY legal objectives that deal with specific management objectives, such as old-growth management areas, have been established as an outcome of these planning processes. The Bulkley Valley SRMP recognises the importance of range and agriculture to the area. The objectives and strategies are set out under the Agriculture/Wildlife Habitat Management Area land designation. The general focus is between agricultural and biodiversity. With regard for range, the SRMP states the general management direction is to foster and encourage cooperation between range and other users and land values. The SRMP also sets out actions to establish Agricultural Development Areas (ADAs), which recognise the agricultural potential and farm use of specified Crown lands.

Policy regimes

The two policy regimes of farmland preservation and global competitiveness have influenced agricultural land use policy and legislation for over forty years. Food sovereignty, and its associated concerns with food security and demand for local food, is a nascent policy regime that is influencing agricultural land use planning. Within this context, the aim of our analysis was to assess how issues, ideas, interests/actors and institutions associated with the three policy regimes influence local agricultural planning. To complete the assessment of the presence and importance of the policy regimes we examined the documents that comprise the legislative framework. Presence and importance were measured as a function of both the level of influence of words, concepts, and statements that appear in the documents and of the placement of these words, concepts, and statements within each document. The criteria for measuring the policy regime statements are presented in Appendix: Criteria for determining level of influence of policy regimes. The results of the policy regime analysis for the STRA are presented in Tables 16 through 24. The following four documents included statements related to the three policy regimes: RDBN agricultural plan, Smithers Telkwa Rural OCP, OBAC agricultural strategy, and Bulkley LRMP. All three policy regimes are present in the local legislative framework. However, the contents of the documents suggest that farmland preservation (Tables 17, 20, and 23) may have the most influence. Only farmland preservation appears in all four documents and covers all four areas of vision, goals, objectives, and recommendations; driving forces and concerns; regulations; and action items. The Vision for agriculture presented in the OCP refers directly to the importance of preserving land for agricultural use. Related issues of agricultural capability, problems of residential development in agricultural areas, and higher densities in urban areas appear in the documents. These concerns are clearly stated in the following action item from the RDBN agricultural plan, “[P]rotect and preserve farm land and soil having capability for agricultural purposes through the restriction of subdivision, and limited encroachment of non- farm uses” (p. 112). The RDBN agricultural plan also refers to the sterilization of farmland by planting trees for purposes of creating a carbon sink or carbon offset and the need to attain a better balance between forestry and agricultural uses of the land base. The policy regime of food sovereignty appears to have a strong influence over policy, based on the types, frequency, and placement of the statements (Tables 18, 21, and 24). Food sovereignty appears in three of the four documents; it does not appear in the LRMP. In the RDBN agricultural plan, food sovereignty is presented as a driving issue and concern in a section

19 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY on Food Security and Food Self-Sufficiency. As stated, “The growing interest in local food security issues, and the awareness of the social, health, and environmental benefits of local food production and consumption represents a very positive social change that should be encouraged and capitalized upon” (p. 13). While it is recognised that improving food security for the RDBN contribute positively to the local economy and reduce environmental impacts, the plan also recognises that “a strategy of relying on the production and consumption of local foods to achieve food security is not practical or responsible in the context of the RDBN given the region’s capacity for food production. Achieving food security through local production in the RDBN would require extensive infrastructure such as cold storage facilities and greenhouses…” (p. 13). The food sovereignty regime, as it appears in the OBAC strategy, also refers to developing food charters that outline food procurement requirements and marketing campaigns to promote awareness of the benefits of consuming local food. Global competitiveness, although present (Tables 16, 19, and 22), is the weakest of the three policy regimes. Only the OBAC strategy includes references to global competitiveness among the vision, goals, and recommendations. Both the OBAC strategy and the RDBN agricultural plan identify global competitiveness as a driving force. The documents refer to the intense competition in the commodity markets, an increasingly globalized food production and distribution system, and difficult international trade regulations. In spite of these kinds of challenges, the OBAC strategy highlights opportunities to focus on serving the local market and growing into serving provincial, national, and international markets.

20 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 16. Analytical framework for policy regimes at local level: global competitiveness documents GLOBAL COMPETITIVENESS Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items OBAC Agriculture Strategy High Influence OBAC Agriculture Strategy RDBN Agriculture Plan

Medium Influence OBAC Agriculture Strategy OBAC Agriculture Strategy

OBAC Agriculture Strategy Low Influence

Level of Influence Level RDBN Agriculture Plan

Table 17. Analytical framework for policy regimes at local level: farmland preservation documents FARMLAND PRESERVATION Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items

Area A OCP High Influence Area A OCP RDBN Agriculture Plan

RDBN Agriculture Plan Medium Influence Area A OCP RDBN Agriculture Plan OBAC Agriculture Strategy

Area A OCP RDBN Agriculture Plan RDBN Agriculture Plan Low Influence Area A OCP

Level of Influence Level Bulkley LRMP OBAC Agriculture Strategy OBAC Agriculture Strategy

Table 18. Analytical framework for policy regimes at local level: food sovereignty documents FOOD SOVEREIGNTY Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items

Area A OCP High Influence RDBN Agriculture Plan RDBN Agriculture Plan OBAC Agriculture Strategy Area A OCP RDBN Agriculture Plan RDBN Agriculture Plan Medium Influence RDBN Agriculture Plan OBAC Agriculture Strategy OBAC Agriculture Strategy

RDBN Agriculture Plan evel of Influence evel Low Influence L OBAC Agriculture Strategy

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Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 19: Analytical framework for policy regime at local level: global competitiveness themes GLOBAL COMPETITIVENESS Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items  [New model] While expanding to meet local  Food production and distribution has become demand, develop and market products for globalized and increasingly dominated by large retail High provincial, national, and international markets chain stores Influence  Recommendation: Support the development of  Farmers have competed with primary producers from provincial, national, and international markets for across North America and the world. these products.

 Using multiple strategies, the agriculture sector  Ranchers are facing difficulties…including the U.S. will…grow to serve broader provincial, national, policy of Mandatory Country of Origin labeling, and and international markets. the residual impacts from BSE Medium  Intense competition in the commodity markets Influence  Consumer confidence in the safety and quality of food is critical to the growth and diversification of the agriculture industry and its ability to sell its products in global markets. Level of Influence Level  Competing with international economies of scale and foreign subsidized agricultural products in an Low increasingly globalized agriculture economy.  Industry has consolidated into larger and increasingly Influence vertically integrated production and distribution companies; large, highly efficient, sophisticated, and predatory companies.

22 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 20: Analytical framework for policy regime at local level: farmland preservation themes FARMLAND PRESERVATION Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items  Protect and preserve farm land and soil  Agriculture Designation (AG) [full list of having agricultural capability, and regulations] encourage and support the appropriate utilization of that land for agricultural High purposes.  [Vision for Agriculture] The importance Influence of the role of the Agricultural Land Reserve in preserving land for agricultural use is recognized.  Residential development into agricultural areas is recognized as a potential problem  Limit rural development  Planting trees on agricultural land  Protect and preserve farm land and  Appropriate and orderly rural growth with as a carbon offset is a serious soil having capability for higher density development directed to the concern….The planting should be agricultural purposes through the municipalities directed towards lands land that restriction of subdivision, and Medium are not productive limited encroachment of non-farm  The impact of rural estates is not uses. Influence so great in the RDBN  Balance agriculture and forestry needs on crown land.  Ask the ALC to restrict the sterilization of productive

Level of Influence Level agricultural lands  [LRMP] Agriculture/Wildlife. This zone  Land use policy plays a large role  Rural Residential Designation is intended  Ask the province to re-establish the will ensure that land with agricultural in providing appropriate incentives to avoid rural sprawl and allow District Agrologist positions to potential is retained for the future but to ensure agricultural land retains appropriate and limited infill provide meaningful local input into subject to wildlife considerations its potential to sequester carbon development. the ALR application decision and participate in bioenergy  Resource Designation: to preserve lands making process opportunities for agriculture [and other uses]  Consider amending Zoning Bylaw Low  Subdivision will not lead to a conflict No. 700 to include the land use Influence with or otherwise negatively impact regulations proposed in this plan. agriculture and grazing [and other uses]  Monitor the number of subdivisions  Location of services and utility corridors and non-farm uses approved in the which minimize the impact on land uses ALR.  Direct future roads away from existing  Make sure that the application of and potential agricultural lands the ALR in the region does not impede the entry of new producers

23 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 21: Analytical framework for policy regime at local level: food sovereignty themes FOOD SOVEREIGNTY Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items  New model emphasizes locally-produced  [section on Food Security and Food Self-Sufficiency] healthy food products and the importance of  The growing interest in local food security issues, and food security for the region. the awareness of the social, health, and environmental  Recommendation: Increase the demand for benefits of local food production and consumption locally and regionally produced foods. represents a very positive social change that should be  [Vision for Agriculture] The consumption of encouraged and capitalized upon. local agriculture products is encouraged  Increases the sustainability of the local economy and High through promotion and support of local minimizes the environmental and social impacts of Influence vendors. shipping food long distances.  The availability of locally produced foods  Food security for the RDBN cannot be achieved to a contributes to our health, quality of life, and notable degree through local food self-sufficiency; independence from distant suppliers. would require extensive infrastructure  Local processing facilities would be expanded,

specialty products would be developed, and more emphasis would be placed on local and provincial markets.  Close relationship between regional food  [consumer survey] Interest is growing for greater security and health and well-being. availability of locally-produced agricultural products.  Land use and development patterns that work The benefits include improved food security, better towards increased food security. health, reduced transportation impacts, and better Medium profits for farmers able to sell directly to consumers. Level of Influence Level Influence  Consumer confidence in the safety and quality of food is critical to the growth and diversification of the agriculture industry  Ensuring access to fresh, nutritious food is critical for maintaining a healthy population  A series of factors have significantly affected the  Undertake a marketing cattle industry, such as BSE risk and subsequent campaign to maintain public moratoriums on beef exports to the USA. awareness of the benefits of Low  Farmers markets have been established or expanded in local food. recent years.  Provide support to the farmers’ Influence markets  Develop food charters that outline food procurement requirements

24 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Table 22: Analytical framework for policy regimes at local level: frequency of global competitiveness GLOBAL COMPETITIVENESS Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items

High Influence 2 2 0 0

Medium Influence 1 3 0 0

Low Influence 0 2 0 0 Level of Influence Level

Table 23: Analytical framework for policy regimes at local level: frequency of farmland preservation FARMLAND PRESERVATION Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items

High Influence 5 0 1 0

Medium Influence 3 3 0 3

Low Influence 2 3 5 5 Level of Influence Level

Table 24: Analytical framework for policy regimes at local level: frequency of food sovereignty FOOD SOVEREIGNTY Vision, Goals, Objectives, Recommendations Driving Issues, Concerns Regulations Action Items

High Influence 6 1 0 0

Medium Influence 4 3 0 0

Low Influence 0 3 0 6 Level of Influence Level

25 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Stakeholder analysis

In addition to understanding the policies and legislation, it is important to acknowledge that these documents are influenced by various political forces. The aim of the stakeholder analysis is to document different organisations and institutions that participate in and thereby influence agricultural land use planning processes and decisions. Our stakeholder analysis involved three aspects: identify relevant stakeholders; complete a profile for each stakeholder; assess each stakeholder’s level of influence within agricultural land use planning. For each stakeholder we aimed to complete a comprehensive profile based on secondary sources, including promotional materials on websites; reports, positions papers and other publications; statements in the media; committee meeting minutes, etc. The same level of information was not available for each stakeholder. Based on the information collected for the profiles we then assessed their level of influence using a power-influence grid (Bryson, 2004). This analysis leads to four categories of stakeholders (Figure 2):  Players: have both an interest and significant power  Subjects: have an interest but little power  Context setters: have power but little direct interest  Crowd: have little interest or power

Figure 4. Categories of stakeholders

Within the Smithers Telkwa area, five stakeholders have been identified: Bulkley Valley Cattlemen's Association, Bulkley Valley Dairymen’s Association, Smithers Farmer’s Institute, Bulkley Valley Farmers’ Market Association, and Groundbreakers Collective (Smithers). Information about each of these groups is limited at present and, therefore, the analysis presented here is tentative. The Smithers Farmers’ Institute has a high interest in agriculture for the region, with medium influence of power for the issues in the region (Table 14). The Smithers Farmers’ 26

Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Institute acts as a resource to farmers and strives to ‘promote the theory and practice of agriculture’ (Smithers Farmers’ Institute, n.d.). Although the Smithers Farmers’ Institute doesn’t lobby government and acts more as a resource, within certain ALC applications to the North Region ALC Panel, the Smithers Farmers’ Institute was asked to comment on a few of the applications for the area. Because the Smithers Farmers’ Institute was asked to provide their thoughts on a few applications, the stakeholder is listed as having a medium power influence on agricultural land use for the regional district. The Cattlemen’s Association is part of a well- organised provincial organisation and has a significant presence on the land base. The Dairymen’s Association has a smaller presence on the land base and, on this basis, is perceived to have less power than the Cattlemen’s Association. The Groundbreakers Collective is a new organisation that is less developed. Nevertheless, with significant ties to producers and strong interests in the local food system, this group is perceived to have a medium level of interest with low power. As an organisation, farmers markets tend to be focussed almost exclusively on their operations, although through their members have strong connections to the land. The analysis of stakeholders is summarized in Table 25.

Table 25. Stakeholder analysis: power-interest grid

Smithers Farmer’s Institute Bulkley Valley Dairymen’s Association Bulkley Valley High Cattlemen's Association

Groundbreakers Collective

INTEREST

Medium

Bulkley Valley Farmers’

Low Market Association

Low Medium High POWER

27 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Discussion

Assessment of Principles

Our assessment of the four principles is summarised in Table 26. As supported through the results discussed in this report, the sources of strength for the local legislative framework are its ability to maximise stability and integrate across jurisdictions.

Table 26. Principles of Land Use Planning Integrate Maximise across Minimise Accommodate Regional District stability jurisdictions uncertainty flexibility RDBN: Smithers-Telkwa Rural Area **** **** *** ** * = Very weak; ***** = Very strong

Maximise stability

A stable legislative framework for protecting farmland is one that is not easily changed at the whim of shifting political interests; it is well-entrenched in acts of legislation, policy, and governance structures that are based on clear, concise language, and can hold up to court challenge. Thus, stability is a critical measure of the strength of an agricultural land use planning framework. By these terms, the STRA’s legislative framework for agricultural land use planning is moderate to strong, thus meeting the needs of the area. The Smithers Telkwa Rural OCP, as an enforceable piece of legislation, is the foundation of the local framework’s stability. The OCP is supported by the regulations of the RDBN zoning bylaw, which establishes designations for agricultural land and uses, thereby contributing to the stability of the framework. The OCP provides a strong commitment, clear language, and direction regarding agricultural land use planning in the area. In addition, the OCP refers to support for the goals and recommendations of the RDBN agricultural plan. This integration of the two documents has the effect of increasing the importance of the agricultural plan as a policy and providing context for interpretting the vision, goals, and objectives of the OCP regarding agriculture. Thus, the agricultural plan is a guiding influence on agricultural land use planning decisions in the STRA. Although the OBAC Agriculture Sector Strategy clarifies the issues for the agriculture sector within the region, this document is not used to guide agricultural land use planning decisions in the area; it is more of a background document to support the agriculture sector.

Minimise uncertainty

The presence of uncertainty, typically introduced via ambiguous language or exceptions, is a critical measure of the weakness of an agricultural land use planning framework. Thus, in addition to maximising the stability of a legislative framework through enforceable policies people want to know they can rely on these rules and regulations to be applied consistently under different circumstances. For the STRA, there were no specific elements of the framework that

28 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY were identified as contentious. Generally, the OCP and agricultural plan succeed in focussing on what is required without contributing to uncertainty. This balance is exemplified in the OCP. For example, section 3.1.2.(4) of the OCP states, “Home site severances may be supported provided they meet the requirements established by the ALC, and there is no significant negative impact on agriculture associated with the proposed subdivision.” Similarly, section 3.1.2.(6) states, “Non- farm use of agricultural land shall be avoided. Applications for exclusions, subdivisions, and non- farm uses within the Agricultural Land Reserve may only be considered under the following circumstances.” These examples illustrate how uncertainty about what may or may not be permitted is anticipated and addressed directly, thereby minimising uncertainty.

Integrate across jurisdictions

Integrating policies and priorities across jurisdictions is a foundation for building cohesion across provincial, regional, and local governments. One can also think of integration as a formal “linkage” that provides consistency among them. In order to successfully integrate policies across jurisdictions there must be sufficient details about the legislative context that guides and constrains local government plans and strategies. By this measure of integration, we found that the STRA legislative framework is excellent. The OCP refers to the importance of the goals and recommendations of the regional agricultural plan, thereby integrating the local interests of the STRA with the regional priorities. Furthermore, the RDBN agricultural plan provides a very comprehensive account of relevant provincial policies. Together, the OCP and agricultural plan are effectively embedded within the context of the provincial priority to protect agricultural lands.

Accommodate flexibility

Creating an effective legislative framework is an act of balance, without being too stable so that it cannot be changed when needed or too strict so that it cannot be applied in a range of circumstances. Thus, flexibility is necessary in order to moderate the restrictive effects of maximising stability and minimising uncertainty. The means to accommodate flexibility is typically done through governance mechanisms. Neither the RDBN nor the STRA has an AAC in place relating to agricultural land use planning. It does, however, have an APC that performs the role of an AAC from a broader perspective that considers a range of interests and priorities, not just agriculture. The OBAC strategy recommended implementing a region-wide agricultural advisory committee, however this recommendation is not related to agricultural land use planning. Regarding the Smithers Telkwa Rural OCP, the two examples noted above about home site severances “may be supported” and applications “may only be considered” are also means to accommodate flexibility within a stable framework.

Comprehensive

The RDBN agricultural plan and the more general OBAC agricultural strategy represent a comprehensive review of issues and opportunities facing the agricultural sector in the region. These documents mention a lack of agricultural infrastructure, resources, and confusion over regulations and bylaws, as well as ALR boundaries and regulations, as pressing issues for local

29 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY farmers and producers in the area. Food processing, distribution, and retention of farmers on agricultural land are also highlighted in these documents. The RDBN agricultural plan are presented under four categories: land issues, regulation based issues, development and resource issues and marketing issues. The land issues alone include non-farm uses; unused agricultural lands; private rental/lease of fallow farm land; environmental sensitive area rehabilitation projects on agricultural lands; protect and preserve farm land and soil from subdivision, and encroachment of non-farm uses; logging activities within range lands; availability of agricultural leases and licenses; new community pastures; control of invasive plants; wildlife; wildlife population control; sterilization of productive agricultural lands by planting of trees.

Influence of policy regimes

The legislation and policy documents of the local legislative framework of the South Peace Fringe Area cover all three policy regimes (Table 27). Based on our analysis, farmland preservation garners the most attention, appearing in the four documents assessed and in each of the four content areas. Global competitiveness is the least present of the three regimes, yet still recognised as a significant driving force for the agricultural sector in the region.

Table 27. Overall Influence of Policy Regimes, South Peace Fringe Area Vision, Goals, Objectives, Driving Issues, Policy Regime Recommendations Concerns Regulations Action Items Global Competitiveness Farmland Preservation Food Sovereignty Low Medium High

Stakeholder analysis

The information collected for the stakeholders, although very limited, enabled us to consider the level of interest and power of each organisation. The Smithers Farmer’s Institute and the Bulkley Valley Cattlemen's Association were identified as the most influential of the five stakeholders.

30 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Conclusion

Overall, the Smithers Telkwa Rural Area, and the Regional District of Bulkley-Nechako, has a moderately strong legislative strength for protecting farmland in the area. The STRA is covered by a recently updated OCP that was informed by the RDBN’s agriculture plan, which represents a very comprehensive approach to agricultural land use planning for the region. The vision for agriculture in the OCP and the OCP’s integration with the agricultural plan are at the core of the framework’s stability. These strengths, in conjunction with clear language, help to integrate public priorities across jurisdictions and minimise uncertainty, while at the same time accommodating a level of flexibility that does not compromise the strengths of the framework as a whole. A comprehensive and detailed agricultural land inventory helps to complete the framework and, thereby, support the protection of agricultural land in the STRA.

31 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

References

Bryson, J. (2004). “What to do When Stakeholders Matter: Stakeholder Identification and Analysis Techniques.” Policy Management Review 6(1): 21-53.

Connell, D. J. (2009). Planning and Its Orientation to the Future. International Planning Studies, 14(1), 85-98.

Millier Dickinson Blais (2014). Regional District of Bulkley-Nechako: Regional Economic Development Action Plan. Burns Lake, BC: Regional District of Bukley-Nechako.

Ministry of Agriculture (2014). Land Use Inventory Report: Smithers, Telkwa, Electoral Area A Regional District of Bulkley-Nechako, Reference Number: 800.510-78.2014.

Regional District of Bulkley-Nechako (2012). Zoning Bylaw No. 700 (1993). Burns Lake, BC: Regional District of Bulkley-Nechako.

Regional District of Bulkley-Nechako (2012). Agriculture Plan. Burns Lake, BC: Regional District of Bulkley-Nechako.

Regional District of Bulkley-Nechako (2014). Smithers Telkwa Rural Official Community Plan, Bylaw No. 1704, 2014, Schedule “A”. Burns Lake, BC: Regional District of Bulkley-Nechako.

Runka, G. (2006). “BC’s Agricultural Land Reserve – Its Historical Roots.” Seminar presented at Planning for Food, World Planners Congress, Vancouver, BC, June 21, 2006.

Smith, B. (1998). Planning for Agriculture. Victoria, BC: Agricultural Planning Commission.

32 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Glossary

Policy: A formal statement of intent; principles, rules, or guidelines that are designed to determine or influence major decisions or actions and all activities that fall within the domain of the policy.

Enforceable policy: Policy with clear statements of intent to enforce (often with penalty for failing to follow the policy)

Aspirational policy: Policy without clear statements of intent to enforce (often with penalty for failing to follow the policy); a broad statement about desired outcomes, objectives, or activities

Enabling policy: Policy with clear statements of intent to implement a policy (e.g., provide resources)

Policy regime: A policy regime and its changes refer to the combination of issues, ideas, interests, actors and institutions that are involved.

Legislation: A law (or Order in Council) enacted by a legislature or governing body; can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict.

By-law (bylaw): Local laws established by municipalities as regulated by the provincial government. Note: for our purposes, a by-law is considered part of legislation.

Regulation (pursuant to Act): Is a form of legislation (law) designed with the intent to regulate; a rule or law designed to control or govern conduct; creates, limits, constrains a right, creates or limits a duty, or allocates a responsibility.

Governance: Methods, systems, or processes of governing; the act of implementing policy and legislation. For our purposes we are concerned with groups (e.g., commissions, advisory committees) that have the authority to apply, review, or enforce policy and legislation specific to agricultural land use planning.

33 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Acknowledgements

Funding for the provincial project is provided by the Northern Agriculture Research Initiative, a program of the Omineca Beetle Action Coalition and the Cariboo-Chilcotin Beetle Action Coalition, and by the Real Estate Foundation of British Columbia Partnering Fund. The national project is funded by an Insight Grant from the Social Sciences and Humanities Research Council.

The author wishes to thank Ted Pellegrino, Planner, Regional District of Kitimat-Stikine, and Tara Irwin, City Planner, City of Terrace, for their insights and feedback on the development of this report. Thank you also to Ms Marli Bodhi for her early work on this report.

34 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Appendix: Criteria for Evaluating Content of Legislative Framework

Legislation documents

Legislative Context (Provincial) Background Vision, Goals, Objectives Local policies Maps

0 None None None None None

Brief statements that include at least Very brief description of Includes a vision, goal, or One or two brief statements about Provides at least one (1) one reference to the main provincial agriculture background. This objective for agriculture but agricultural land use policies, general land use map(s) with  legislation or policy related to may include a minimal section with minimal explanation or perhaps with little context. agricultural land use shown. agricultural land use planning. Little or statistics on historical rationale. too context provided other than perhaps context, background and a statement that acknowledges the local issues, and demographics on governments duty to uphold these acts agriculture/farming. and policies.

Expanded statements that reference Includes multiple sections Includes a vision, goal, and Several statements (three to five) Provides at least one (1) more than one of the main provincial dedicated to information and objective for agriculture with about agricultural land use policy general land use map(s)  legislation and policies and provides statistics about agricultural a statement of explanation and presented within local context. showing agricultural land uses added context to the above. Multiple background. May also some action items. May also reference an agricultural and at least one (1) agriculture statements that outline how provincial reference an agricultural plan plan. specific map showing legislation and policies “fit” in the local or report. designated agricultural land. context.

Comprehensive that outlines how Comprehensive account of Includes a detailed section on Detailed section of agricultural Provides two (2) or more provincial legislation and policies “fit” agricultural background . May vision, goals, and objectives land use policy statements (more agricultural land use maps  in the local context.. May include also reference an agricultural for agriculture that outlines a than five) or agricultural sub-area including a map showing diagrams to help establish thread of plan or report. rationale and action items. plan adopted as by-law. May also designated agricultural land. consistency among different levels of May also document relations reference an agricultural plan. May also include Other maps government. with other land uses and local to illustrate specific issues or priorities. policies (future areas of study, development permit areas, current land tenure).

35

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Policy documents

Legislative Context (Provincial) Background Vision, Goals, Objectives Local Policies Maps

Same as above Same as above Same as above Different Same as above

0 None None None None None

Brief statements that include at least Very brief description of Includes a vision, goal, or Several statements (three to five) Provides at least one (1) one reference to the main provincial agriculture background. This objective for agriculture but about agricultural land use policy general land use map(s) with  legislation or policy related to may include a minimal section with minimal explanation or presented within local context. agricultural land use shown. agricultural land use planning. Little to or statistics on historical rationale. no context provided other than perhaps context, background and a statement that acknowledges the local issues, and demographics on governments duty to uphold these acts agriculture/farming. and policies.

Expanded statements that references Includes multiple sections Includes a goof presentation Comprehensive section of Provides at least one (1) more than one of the main and policies dedicated to information and of vision, goal, and objective agricultural land use policy general land use map(s)  and provides added context to the statistics about agricultural for agriculture with a statements (more than five). showing agricultural land uses above. Multiple statements that outline background. May also statement of explanation, a and at least one (1) agriculture how provincial legislation and policies reference an agricultural plan few recommendation items, specific map showing “fit” in the local context. or report. and some action items. designated agricultural land.

Comprehensive that outlines how Comprehensive account of Includes a detailed section on Comprehensive agricultural plan. Provides two (2) or more provincial legislation and policies “fit” agricultural background. May vision, goals, and objectives May also refer to background agricultural land use maps  in the local context.. May include also reference an agricultural for agriculture with an report. including a map showing diagrams to help establish thread of plan or report. extensive and detailed list of designated agricultural land. consistency among different levels of recommendations and/or May also include Other maps government. action items. to illustrate specific issues or policies (future areas of study, development permit areas, current land tenure).

36 Agricultural Land Use Planning in Northern British Columbia FINAL REPORT: SMITHERS TELKWA RURAL AREA CASE STUDY

Appendix: Criteria for determining level of influence of policy regimes

Placement (significance) within Document Mission, Vision, Aims, Goals, Objectives Mandate, Purpose Driving issues, concerns Action items A clear, explicit statement as A clear, explicit statement at part of a short list (three to the highest level of an five) of items in an High influence enforceable policy or enforceable policy or regulation regulation

A clear, explicit statement as A clear, explicit statement at A clear, explicit statement as A clear, explicit statement as part of a short list (three to Medium influence the highest level of an part of a short list (three to part of a short list (three to f influence five) of items in an aspirational policy five) items in a policy five) of items in a policy aspirational policy Level o Level A clear, explicit statement as A clear, explicit statement as A clear, explicit statement as Low influence part of a long list of items in part of a long list of items in part of a long list of items in a an aspirational policy an aspirational policy policy

37