BILL M246 – 2026
SMALL FARMS ACT

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"agricultural land" has the same meaning as in the Agricultural Land Commission Act;

"agri-tourism activity" means an agri-tourism activity within the meaning of the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019, that invites members of the public onto a small farm or small farming cooperative for educational, recreational, cultural or hospitality purposes;

"farm" means a farm within the meaning of the Assessment Act;

"farm product" has the same meaning as in the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019;

"farm use" has the same meaning as in the Agricultural Land Commission Act;

"on-site" means within the physical boundaries of the small farm or small farming cooperative, as applicable;

"primary production" means the cultivation, growing, harvesting or raising of plants before processing, manufacturing, packaging for retail sale or other value-added transformation;

"processing" has the same meaning as in the Food Premises Regulation, B.C. Reg. 210/99;

"small farm" means a farm with annual gross revenues not exceeding $750 000 or, if a different amount is prescribed, that different amount, in aggregate, derived from either or both of the following:

(a) primary production;

(b) on-site processing;

"small farming cooperative" means an association incorporated or continued under the Cooperative Association Act that

(a) is composed of 2 or more small farms, up to a prescribed maximum number,

(b) has agricultural production, processing or marketing as its primary purpose, and

(c) may act on behalf of one or more of its member farms.

Allowable processing percentage on agricultural land

2 In the case of a use of agricultural land on a small farm for storing, packing, preparing and processing farm products,

(a) the reference in section 11 (2) of the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019, to "50%" must be read as "25%", and

(b) the reference in section 11 (3) (b) (ii) of that regulation to "an association" must be read as a reference to "a small farming cooperative",

provided that the remainder of the farm products stored, packed, prepared or processed on the small farm are produced in British Columbia.

Permitted ancillary use

3 If an agri-tourism activity is conducted on a small farm or small farming cooperative, the agri-tourism activity is a farm use of land within an agricultural land reserve that, in accordance with section 4 of the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019, may not be prohibited, provided that

(a) the primary use of the land remains farming,

(b) no permanent facilities are constructed or permanent alterations of land are made, except as permitted under the Agricultural Land Commission Act, and

(c) the agri-tourism activity is directly connected to the farm products or farming practices of the small farm or small farming cooperative.

Agri-tourism accommodation restricted

4 In the case of a use of agricultural land on a small farm for agri-tourism accommodation,

(a) the reference in section 33 (2) (c) of the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019, to "10 sleeping units" must be read as "3 sleeping units", and

(b) the reference in section 33 (2) (d) of that regulation to "on a seasonal or short-term basis only" must be read as "for a period of no more than 120 days at any one time".

Information required

5 (1) A small farm and a small farming cooperative must keep records sufficient to demonstrate that it is a small farm or small farming cooperative, as applicable, and must make those records available to the minister, the Agricultural Land Commission or person in a prescribed class in accordance with the regulations.

(2) A person must not knowingly include false or misleading information in a record required to be kept under subsection (1).

Minister's food production report

6 The minister must prepare and post on a publicly accessible website maintained by or on behalf of the minister, on or before March 31 of each year, a report respecting food production in British Columbia, based on information available to the minister, and setting out

(a) progress made toward increasing the availability of food produced in British Columbia, and

(b) strategies being considered by the minister to increase British Columbia's food production capacity.

Regulations

7 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a different amount, for the purposes of the definition of "small farm";

(b) prescribing the maximum number of small farms, for the purposes of the definition of "small farming cooperative";

(c) prescribing a class of persons for the purposes of section 5;

(d) respecting records for the purposes of section 5.

Offence Act

8 Section 5 of the Offence Act does not apply to this Act or the regulations.

Other laws not ousted

9 Except as set out in this Act, a person who engages in activity that is permitted under this Act is not relieved from complying with

(a) any other enactment that may apply, or

(b) a decision of a responsible authority that may apply.

Consequential Amendment

Agricultural Land Commission Act

10 Section 2 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by striking out "and the Environmental Management Act" and substituting ", the Environmental Management Act and the Small Farms Act".

Commencement

11 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill makes certain provisions for small farms and small farming cooperatives and requires the minister to prepare and make public an annual report.