ITEM 13

BRITiSH
COLUMBIA RECEIVED
JUN1 129* JUN 132018
File: 0280-30 MAYOR’S OFFICE
Ref: 188385

His Worship Mayor Jack Froese

and Councillors TOWNSHIP OF LANGLEY
Township of Langley
20338 -65 Ave
Langley, BC V2Y 3J1
JUN 142018
DISTRIBUTED
Dear Mayor Froese and Council: TO COUNCIL

I am writing because it is my understanding that at the April 9, 2018 meeting of the Township of
Langley Council, inaccurate statements were made during consideration of a rezoning
application to permit a poultry processing facility for the property at 995 224th Street, which is in
the Agricultural Land Reserve (ALR).

Specifically, it is my understanding that a comment was made that pursuant to the right to farm
components of the Local Government Act (WA) a bylaw that is in contravention of the
unfettered right of farmers to farm could be struck down by the Minister of Agriculture. I write
to inform you that this statement is incorrect.

However, there is provincial legislation that affects the Township of Langley’s ability to adopt
bylaws in relation to fanning in the ALL Since the Township of Langley is a regulated local
government under s. 553 of the LGA, s. 481 (2) of the LGA requires that the Township receive
approval from the Minister of Agriculture for zoning bylaws that prohibit or restrict the use of
land for farm businesses in farming areas. Failure to receive this approval results in the bylaw
being ineffective in so far as it applies to land use by such farm businesses.

I understand that Township of Langley staff have stated that abattoir use is prohibited in the RU-
3 zone as a consequence of s. 101.4 of Township of Langley Zoning Bylaw 1987 No. 2500,
which was added to the bylaw in September 2015 by zoning amendment Bylaw No. 5109. The
Minister of Agriculture to date has not, to my knowledge, received a request for approval of
zoning amendment Bylaw No. 5109.

In addition, s. 46 (2) of the Agricultural Land Commission Act (ALCA) requires local
governments to ensure consistency of their bylaws with that Act, its regulations and the orders of
the Agricultural Land Commission (the “Commission”). Under s. 46 (4) of the ALCA, a local
government bylaw that is inconsistent with the ALCA, its regulations or an order of the
Commission has, to the extent of the inconsistency, no force or effect, Section 2 of the
Agricultural Land Reserve Use, Subdivision and Procedure Regulation specifies farm uses which

Mlnlsttyof Agriculture 0ffiofUieMinter MailirAddress; Telephone: 250387-1023

PC Sex 9043 S Pray Govt Facsimile: 250 387-1522
Vdoda BC V8W 9E2
Web Addr&s: httpitgevbc./agrv 51
 -2-

must not be prohibited by any local government bylaw, except for a farming bylaw enacted
under s. 552 of the LGA. While the Township of Langley may, being a local government
regulated under s. 553 of the LGA, adopt bylaws in accordance with s. 552 of the LGA (with the
Minister’s approval), the Township has not, to my knowledge, exercised this authority with
regard to poultry processing facilities in the ALR.

I suggest that the Township of Langley review its bylaws to determine their consistency with
both the ALCA and the requirement to obtain the Minister of Agriculture’s approval under the
LGA, to ensure that building permits in relation to farm uses are not being denied based on
inaccurate understandings of the types of farming activities that are permitted by owners of land
in the ALR.

Should you wish to request ministerial approval for section 101.4 of the Township of Langley
Zoning Bylaw 1987, please do not hesitate to contact Willow Minaker, Director Strengthening
Farming at Willow.Minaker:gov.bc.ca or 250-356-2215 for assistance.

In addition, you may be interested to know that the all-party Select Standing Committee on
Agriculture, Fish and Food will be holding public consultations in BC communities to learn
more about what is currently working well in the local meat production industry and how it can
be improved to better serve local farmers, producers, processors, restauranteurs and all British
Columbians. The Committee’s consultation portal,
pj_consultations.leg.bc.caISubmisipnJCreate?cons=LocalMeatProductionandlnspectionCons
ultation, is open to allow those interested to register to present at a public hearing, make a
written, audio or video submission, or complete an online survey. The consultation will close on
Friday, June 15, 2018. and the Committee will release their report on or before October 1,2018.
I encourage you to take advantage of this opportunity to contribute to this important
conversation.

Sincerelp’

Lnaopham
Nia1’ster

pc: Jennifer Dyson, Chair, Agricultural Land Commission

52
 ITEM 4

flns ziship of
Langley

MEMORANDUM
(st. L71

TO: MAYOR AND COUNCIL DATE: AUGUST 23, 2018

FROM: COMMUNITY DEVELOPMENT DIVISION FILE NO: BP139226

SUBJECT: 995—224 STREET

RECENT COMMUNICATION

The purpose of this memorandum is to inform Mayor and Council of recent communicatio
n with
a Building Permit appNcant in relation with a proposal for the on-farm processing, includ
ing
slaughter of animals for property located at 995 —224 Street.

A copy of the communication advising the applicant that the requested Building Permit
cannot
be issued, as the proposed operation does not comply with the Township’s Zoning Bylaw
is
attached.

HIPOF LANGLEY

I AUG23?016
DISTRIBUTED
I
TO COUNCIL
 ______
_____

Township of
Langley

EM. 1873

August20, 2018 Folder No.: BP139226

Re: The Corporation of the Township of Langley (the “Township”)

995- 224 Street, Langley, BC (the “Lands”) —0802881 B.C. Ltd. (the “Owner”)
On Farm Processing Use at the Lands

We write in response to your letter dated August 7,2018, as well as the Owner’s building permit
application (the “Application”).

The Township has now had the opportunity to review and consider the Application. Under the
Township’s Building Bylaw, a building permit will not be issued where the proposed construction
is for an unlawful use, as is the case here. An abattoir or on-farm processing use is not a
permitted use of the Lands in the Rural Zone RU-3 (the “RU•3 Zone”). As you know, the
Owner’s application to re-zone the Lands from the RU-3 Zone to Agricultural Processing Zone
RU-6 was rejected by Council.

Further, as we advised you in our letter dated July 20, 2018, the Township disagrees with the
Ministry of Agriculture’s position (hat the section of its Zoning Bylaw restricting an abattoir or
on-
farm processing use in the RU-3 Zone has not received ministerial approval under Section
481(2) of the Local Government Act The exclusion of meat processing plants and abattoirs
from the RU-3 Zone is done pursuant to the definition of “agricultural uses” in the Zoning Bylaw,
which received approval from the Minister of Agriculture in June 1999. The Township is
therefore permitted to restrict a meat processing use under this section of its Zoning Bylaw,
even if it’s designated as a ‘larm use” under the Agricultural Land Commission Act.

In these circumstances, the Township is not prepared to issue a building permit, as the
proposed meat processing plant is not a permitted use of the Lands.

If you have any questions regarding the above, please contact the undersigned by email at
rcesaretti@tol.ca.

Regards,

Roberto Cesaretti
MANAGER, PERMIT, LICENSE & INSPECTION SERVICES

20338-S5Avenue Langley British Columbia Canada j V2Y 331 604534.3211 toLca