ITEM 9

Township of
Langley

TOWNSHIP 6F LANGLEV’
MEMORANDUM
JAN 182010
EsL 1873 DISTRIBUTED
TO COUNCIL
TO: MAYOR AND COUNCIL DATE: JANUARY 18, 2018

FROM: CORPORATE ADMINISTRATION FILE NO: 4530-20

SUBJECT: UPDATE: FILMING IN AGRICULTURAL LAND RESERVE (ALR)

Further to the November 6, 2017, Regular Afternoon Meeting, Item H.2 regarding filming that
takes place on lands zoned within the Agricultural Land Reserve (ALR), the purpose of this
memo is to provide Mayor and Council with an update on this matter.

The creative industry continues to invest in film productions within the Township. Many years
ago, the industry tended to work in just a few of the Township’s communities. Today the industry
works in all of cur communities including areas within the ALR. In 2017, there were 151
separate productions filmed throughout the Township. In January 2017, the province realigned
the film tax credit program boundary to include the complete Township jurisdiction (commencing
at 196 Street versus previous 200 Street boundary). Subsequent to that, the municipality is
equally realizing sector diversity from traditional film production through to the establishment of
film studios in the Township and primarily in north west Langley.

Filming within the Township is governed based on our Filming Policy and managed according to
our Filming Guidelines- In order for the film sector to continue to contribute significantly to our
local economy, it remains essential that balance be achieved in meeting both the needs of our
constituents and industry as part of our sector management priorities. Applications are
reviewed on an individual basis and in the context of the area. Filming saturation can occur in
areas, therefore staff deny film applications as may be necessary to reduce long term risks.

In October 2016, the Agricultural Land Commission (ALC) implemented a new policy related to
agñtourism Policy L-22 Activities Designated as a Permitted Non-Farm Use: Gathering for an
-

Event in the ALR”. As detailed further in this memo, this new policy has a damaging impact to
the film sector across the province.

The outcomes of Policy L-22 equally impose upon Council a responsibility to review non-farm
use applications from property owners wishing to have filming on their properties prior to the
ALC reviewing the applications. With filming production work being fast-paced and approvals
needed in days, Township Council meeting intervals of twice per month combined with the
ALC’s review timeline of a subsequent 6-9 months per application, would ultimately curtail if not
entirely cease filming on ALR properties within the Township.

As noted earlier, in October 2016, the Agricultural Land Commission (ALC) released a number
of new policies related to agritourism. Policy L-22 “Activities Designated as a Permitted Non-
Farm Use: Gathering for an Event in the ALRM (attached) addresses permitted events including
weddings, festivals, concerts and events. Within “events”, “film and theatrical presentations”

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 MEMO TO COUNCIL
FILMING IN AGRICULTURAL LAND RESERVE

Page 2...

has been included. Policy L-22 references the Agricultural Land Commission Act, c. 36, Section
1 and the Agricultural Land Reserve Use, SubdMsion and Procedure Regulation, Section 1(4)
and Section 3(4) wherein Item K. identifies conditions for gathering for “events”. Conditions
include (I) the event must be of more than 24 hours duration; and (ii) no more than 10
gatherings for an event of any type may occur on the farm within a single calendar year.
Additional occurrences require Council-endorsed application to ALC, where theIr review process
takes 6-9 months. Within the Township, for 2015 and 2016 combined, and for occurrences of
greater than 10 days (well beyond 24 hour duration stipulation yet within a 10 gathering per year
pun%ew), there were 99 occurrences which would result in 99 additional Reports to Council for
their review and consideration in advance of the ALC’s review.

On February 7, 2017, the ALC wrote to the Township identifying that the Township’s practices
and bylaws may not be consistent with various sections of the Act andIor the Regulations, and
requested a meeting to discuss how to ensure activities on private properties within the ALR are
consistent with the Act, the Regulations, and orders of the ALC. Historically, staff have seen
minor-to-no involvement of ALO staff related to film sector working on ALR-deslgnated
properties however with the adoption of this new Policy, staff are now seeing an unprecedented
level of policy enforcement by the ALC.

On March 101 2017, a meeting with the ALC was held to discuss film sector work on private
properties designated as ALR with a primary focus on understanding the ALC’s expectations of
municipalities as it relate to film management. On March21, 2017, the ALC wrote to the
Township reiterating that if filming activity does not meet all of the policy conditions, an
application for non-farm use is required.

Separately in March 2017, a resident made a Delegation Request to appear before Council to
discuss film applications for their property that is located within the ALR which were purported to
be denied by the Township. A Report to Council was prepared by staff for concurrent review
with the delegation appearing at the March 27, 2017 Regular Afternoon Meeting of Council.
Council referred the mailer to the Agricultural Advisory and Economic Enhancement Committee
(MEEC) for review.

On April26, 2017, staff made presentation regarding filming in the ALR to the MEEC. The
Committee endorsed the formation of a working group to meet on the issue.

On May 24, 2017 the working group met to review the matter and made the following
recommendations to the Committee for their endorsement:
• That Council consider lobbying local MLA’s to have the section of the ALC Policy L-22
regarding filming on farmland reviewed;
• That Council request that the ALC consult with key stakeholders such as municipalities,
Agricultural Advisory Committees, Creative BC, and farmers to create a separate policy
to better serve the needs of the creativelfilm industry; and
• That Council request the ALC to include a definition of “film and theatrical presentations”
in the policy.

The MEEC subsequently endorsed the recommendations through a Motion to Council on June
29, 2017 which was tabled at the Regular Afternoon meeting of Council November 6, 2017
meeting.

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 MEMO TO COUNCIL
FILMING IN AGRICULTURAL LAND RESERVE

Page 3...

In summer 2017, the Township elevated the issue to the provincial body Creative BC which
governs film/creative sector as the impacts of ALC Policy L-22 extends to all municipalities
within the province.

On July 14, 2017, Creative BC wrote to the ALC seeking their support to temporarily suspend
Policy L-22 until such time as both entities had the opportunity to meet to discuss the impacts of
the Policy, including those with long-term damage potential to the economy of BC. Creative BC
requested a temporary suspension of Policy L-22 until September 2018. In the request, it
referred to film data supplied by the Township to demonstrate issues and impacts.

On July 27,2017, the ALC acknowledged Creative BC’s request, advising, amongst others, that
it was prepared to review its current position on filming in the ALR with the collaboration of
Creative BC and other stakeholders (attached). In order to facilitate that review, the ALC
advised that it was prepared to suspend enforcement of temporary location filming within the
ALA until May 31, 2018 during which time a number of activities would be conducted in support
of a comprehensive review.

On September 13, 2017 the ALC convened a meeting with representatives of Creative BC, the
Ministry of Agriculture, then Ministry of Jobs, Tourism and SkiNs Training, and the Township of
Langley to discuss it’s information requirements as part of the discovery phase of the review. At
the conclusion of the meeting, the ALC representative stated that the organization would identify
next steps and reconnect with Creative BC. Since that date, no further action has been taken by
the ALC to continue the review process. A mid-December 2017 follow-up by Creative BC with
ALC resulted in the ALC deferring this item until 01 2018 due to other priorities.

On November 6, 2017, at the Regular Afternoon meeting of Council, Council resolved to refer
the AAEEC’s recommended motions to staff for an update.

Most recently, on January 4,2018, the Ministry of Agriculture announced the establishment of a
new, independent Advisory Committee to provide strategic advice, policy guidance and
recommendations to help revitalize the Agricultural Land Commission and Agricultural Land
Reserve, Public consultation and stakeholder meetings are being planned. Any legislative
changes that support this work are targeted for late 2018 or early 2019. While details regarding
specific next steps remain to be announced, there is the potential that this committee’s overall
work could include a review of filming within the ALR.

ATtACHMENTS:

Attachment A: ALC Policy L-22 “Activities Designated as a Permitted Non-Farm Use: Gathering
for an Event in the ALA”

Attachment B: ALC Letter of July 27, 2017 re Creative BC’s Request to Suspend Enforcement

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 1

Policy L-22
A
October 2016
ACTIVITIES DESIGNATED AS A PERMITTED NON-FARM USE:
GATHERING FOR AN EVENT IN THE AGRICULTURAL LAND RESERVE
Agricultural Land
(‘ALR”)
Commission Act

This policy is intended to assist in the interpretation of the Agricultural Land

Commission Act 2002, including amendments as of September 2014, (the ‘ALCA and
BC Regulation 17112002 (Agricultural Land Reserve Use, Subdivision and Procedure
Regulation), including amendments as of August 2016, (the Regulation. In case of
ambiguity or inconsistency, the ALGA and Regulation will govern.

REFERENCE:

Agricullural Land Commission Act, S.B.C. 2002, C 36, Section 1.

Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg.
171/2002), the ‘Regulation”, Section 1(4) and Section 3(4).

Section 3(4) The following non-farm uses are pennitted in an agricultural land reserve and
must not be prohibited by a local government bylaw or, for lands located in an agricultural
land reserve that am treaty settlement lands, by a law of the applicable treaty first nation
government:

(k) gathering for an event, if all of the following conditions are met:

i. the farm must be located on land classified as a farm under the Assessment

it permanent facilities must not be constmcted or erected in connection with the

event;
ill. parking for those attending the event must be available on the farm, but must
not be permanent nor interfere with the farm’s agricultural productivity;
iv. no morn than 150 people, excluding residents and employees of the farm,
may be gathered on the farm at one time for the purpose of attending the
event;
v. the event must be of no morn than 24 hours duration;
vL no morn than 10 gatherings loran event of any type may occur on the farm
within a single calendar year.

Section 1 (4) Definitions:

‘gathering for an event” means a gathering of people on a faim for the purpose of aUending

(a) a wedding, unless paragraph (c) (ii) applies,

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(b) a music festival, or

(c) an event, other than
(I) an event held for the purpose of egd-tourism, or
(ii) the celebration, by residents of the farm and those persons whom they invile, of a
family event for which no fee or other charge is payable in connection with the event
by invitees.

Section 2(24) In subsections (2.1) to (2.3):

(0 gathering for an event, if the event is held only fri the lounge referred to fri
paragraph (b) or the special event area referred to in paragraph (c) of this
subsection, and, for this purpose, section 3 (4) (k) does not apply.
INTERPRETATiON:

Gathering for an event is a permitted non-farm use in the Agricultural Land Reserve and must
not be prohibited by a local government bylaw as long as the event rneets the conditions set
out in the Regulation.

No more than 150 people may be In attendance and the event must be less than 24 hours In
duration.

A maximum of 10 events of any type are permitted within a calendar year on a farm. For
example, 5 weddings, 2 music concerts and 3 aft shows. Where more than one farm business
is being operated from a farm, the maximum 10 events applies. It is recommended that a
record of events be maintained by the farmer including type of event, date and number of
attendees.

There Is no requirement for these events to directly market or promote agricultural products
grown on the farm and therefore are not considered agri-tourism events.

People hosting events must make every effort to avoid negative impacts to the use of
agricultural land including but not limited to, damage to agricultural land and structures, noise
that disturbs animals and livestock, trespass, vandalism, theft and blocking access to adjacent
farm businesses.
Events may include weddings, private parties, corporate retreats, music concerts and concert
series, music festivals, film and theatrical presentations, art shows, dance recitals, charitable
and political fundraising events, dances, and sports events, so long as otherwise compliant
with the Regulation. Any event that is not an agri-tourism event falls into this category.

The Regulation allows gathering for events in the ALR provided the land is assessed as farm”
under the Assessment Act. If the assessment changes, the use is no longer permitted. The
farm may be comprised of one or several parcels of land owned or operated by a farmer as a
farm business. The farm parcels should be contiguous or in the same general geographic
area.

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Permanent facilities must not be constructed or erected for any event activity. Permanent
facilities include, but are not limited to: buildings or permanent structures, hard surface parking
areas, concrete pads, structural foundations, retaining walls, permanent tents (erected for
more than 90 days) and permanent alteration to the landscape (fill, gravel, beans, hills,
dugouts, amphitheatres). The conversion of existing buildings and the construction associated
with bringing them up to public assembly building code is also deemed as the construction or
erection of a permanent facility. If permanent facilities are required, an application and
approval of the Commission is necessary.

For the purposes of this policy, parking areas must not be permanent (asphait, concrete,
gravel, etc) and parking must not interfere with the farm’s agricultural productivity. All vehicles
visiting the farm for the event must be parked on site. To minimize impacting farm land,
parking should be along field edges, adjacent to internal farm driveways and roads, and in
farm yard areas or immediately adjacent to farm buildings and structures.

Personal family celebrations hosted by the farm owner where no fee is charged continue to be
allowed.

This Policy does not apply to agri-tourism activities. See Related Policies.

As per subsection 2.4(f) of the regulation, these conditions do not apply to wineries, cidehes,
meaderies, breweries and disUlleries ft the evenl(s) is held only in the ancillary food and
beverage service lounge that has been developed in compliance with section 2(2.4)(b) of the
Regulation. Regulation section 3(4)(k) and associated restrictions apply If the event(s) are
held outside the lounge area. This means wineries, cideries, meadehes, breweries and
distilleries may host an unlimited number of events in their lounge area and an additional 10
events as per section 3(4)(k) held outside the lounge area.

Local governments have the authority to regulate events with regard to structures and building
occupancy (including determining if an existing farm building is appropriate for a gathering or
requires upgrades for public assembly), parking, lighting, hours of operation, health and safety,
noise, access for police, fire and emergency vehicles, etc. Local governments have the
authority to require permits for events.

Events in excess of the what is permitted under section 3(4)(k) require an application pursuant
to section 20(3) of the Agricultural Land Commission Act and approval of the Commission.
TERMS:

family event means an event attended by

(a) family members, and
(b) close personal friends or close business associates of family members

family member with respect to a person means

(a) parents, grandparents and great grandparents,
(b) spouse, parents of spouse and stepparents of spouse,
(c) brothers and sisters,
(d) children or stepchildren, grandchildren and great grandchildren, and

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(e)aunts, uncles, cousins, nephews and nieces

fee or other charge includes a gift in lieu of a fee or charge given in connection with the event

wedding means the ceremony of marriage or a marriage-like ceremony andlor the reception
celebration

music festival means concert or concert series no more than 24 hours in duration

Unless defined In this policy, terms used herein will have the meanings given to them in the
ALGA or the Regulation.
RELATED POLICY:

ALC Policy L-04 Activities Designated as a Farm Use: Agri-Touhsm Activities in the ALR

ALC Policy L-03: Activities Designated as Farm Use: Wineries and Cideries in the ALR

ALR Policy L-21: Activities Designated as Farm Use: Brewery. Distillery and Meade.y in the
ALR

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 Agricultural Land Commission
133—4e4oCanadaWay
Bumaby. Bñlish Columbia V5G 41(5
Tel 604 660-7000
Fax 604 660-7033
w aic gov.bc Ca

July 28, 2017 ALC File #81500-30/10

DELIVERED BY ELECTRONIC MAIL

Marnie Orr,
Motion Picture Industry and Community Affairs Manager
Creative BC
infacreativebc. cam

Dear Ms. Cm

Re: Gathering for Events, Filming In the ALR — Request to suspend enforcement

Thank you for your letter dated July 14, 2017 which provided information regarding the ALCs
definition of filming activity as gathedng for an event’ as per Section 3 (4jj of the Agricultural
Land Reserve Use, Subdivision and Procedure Regulation (Regulation) unexpectedly resulting
in the denial of some film permits on properties in the ALR.
Your letter provided information about common Industry practices for temporary location filming
and the compiled data from six (6) municipalities for the number of film permits granted in 2016.
In addition, you have requested that the ALCI “...suspend enforcement with regards to
...

temporary location filming until September11 2018’, in order to provide time for Creative BC to
educate landowners and the film industry about the ALCs Regulation and application process,
and to allow for a more comprehensive examination of the Regulation’s effect on landowners,
municipalities, and the film industry. Your request is supported by the following estimated
timeline:
a 2 months: Discovery I PCI requests to municipalities for film permit & landowner contact
information
• 3 months: Education & outreach to landowners; Education for film industry
• 2 months: Landowners decision & process to apply for Non-Farm Use permit
• 6 months: lime required for Non-Farm Use peanfi applications to be reviewed,
processed and granted

The ALC recalls its March 21, 2017 response to the Township of Langley which determined that
“gathering for an event” as per Section 3 (4)(k) of the Regulation was used to clarify what
temporary location filming activity could be accommodated in the ALR without application.
Though the gathering for an event regulation was not adopted with the film industry in mind, it
seemed sufficiently general to encompass most temporary location filming events. At the time of
its determination, the ALC was unaware of the number of multi-day temporary location filming
events occurring in the ALR. However, based on your submission it appears that there are a
significant number of temporary location filming events in excess of 10 days occurring on a wide
range of ALR properties.

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 In light of this, the ALC is prepared to review its current position on filming in the ALR in
collaboration with Creative BC and other stakeholdes. In order to facilitate this review, the ALC
is prepared to suspend enforcement on temporary location filming events within the ALR for the
next nine (9) months expiring May 31, 2018. The ALC does advise landowners who will be
—

over the 10 day threshold to still submit a Non-Farm Use application during this period. ALC
enforcement will not be pursued while the application is reviewed. This short-term suspension of
enforcement on temporary location filming does not include any film operation that:
• constructs a permanent or semi-permanent structure on an ALR property
• disturbs soil, either by extraction/deposition
• stores/parks film sets or trucks on a property beyond the 10 day threshold
Film operations with permanent or semi-permanent constructed sets are not considered
temporary location filming. All ALR properties with constructed sets or that contemplate
constructing sets must submit a Non-Farm Use application to the ALC and do not qualify for
consideration under the May 31. 2018 enforcement suspension.
Although the ALC commits to not pursuing enforcement as described above, complaints
received through the ALC Compance and Enforcement complaint form will be reviewed and
education and outreach to the landowner and other applicable entities (e.g. a production
company) will be provided as deemed necessary. The ALC has a duty to ensure that land within
the ALP is preserved for agricultural use. Its main purpose Is to strengthen delivery of the ALC’s
legislative mandate to ensure that activities taking place within the ALP are consistent with the
Agricultural Land Commission Act (ALCA). The ALC does not have any active Compliance and
Enforcement files pertaining to temporary location filming events in the ALP.
During this review period, the ALC will work with government and stakeholders to determine if
temporary location filming events should be considered a permitted non-farm use in the ALP (as
per regulation), and if so, what appropriate conditions, thresholds, or other requirements should
be adopted. The SC Cabinet oversees amendments to the ALCA and Regulation; the ALC only
has an advisory role in this process.
The ALC commits to collaboratively working with the industry, local government and the
province to ensure appropriate film activity is permitted in the ALR within the context of its
mandate to protect farmland and encourage farming.

Yours truly.

PROVINCIAL AGRICULTURAL LAND COMMISSION

Frank Leonard, Chair

Enclosures:
Creative BC letter to ALC July 14. 2017
-

ALC letter to Township of Langley March 21, 2017

-

cc: Township of Langley — Attn. Val Gafka

ALt File. 81500-30110 Page 2 of 2