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Supreme Court of BC Upholds Decision of CVRD
Duncan, BC – On March 24, the Supreme Court of BC ruled on a case between Talia McKenzie and the Agricultural Land Commission (ALC) and Cowichan Valley Regional District (CVRD) in relation to a project by Balme Ayr Farms Ltd in Cobble Hill to extract and sell gravel from its property and to remediate the extraction area to an arable quality capable of sustained forage production.
While the petitioner sought an order quashing the CVRD and ALC’s decisions related to this project, Justice Dardi found both the ALC and CVRD to have acted within their respective jurisdictions as set out in the ALC Act. Justice Dardi further confirmed the ALC Act is not subject to the provisions of the Environmental Assessment Act (EAA) and that neither the ALC nor CVRD was required to consider the provisions of the EAA when reviewing the non-farm use application.
The judgement confirms the CVRD Board complied with provisions of the ALC Act and acted within its power, authority and jurisdiction in recommending to the ALC that the non-farm use application be denied.
For more information, please contact:
Ross Blackwell, General Manager Land Use Services