RAC Agenda - August 14, 2013 by Angela Lund

Rural Affairs Committee Meeting Open Meeting Agenda Date:

Wednesday, August 14, 2013

Time:

10:30 am

Location:

RDCK Board Room, 202 Lakeside Dr., Nelson, BC

Members:

Director Andrew Shadrack Director Garry Jackman Director John Kettle Director Larry Binks Director Ramona Faust Director Ron Mickel Director Hans Cunningham Director Walter Popoff Director Gordon Zaitsoff Director Paul Peterson Director Andy Davidoff

In Attendance:

Sangita Sudan Joe Chirico Uli Wolf Angela Lund Director Hillary Elliott Brian Carruthers

Directors will have the opportunity to participate in the meeting electronically. Proceedings are open to the public. Pages 1.

CALL TO ORDER

ADOPTION OF THE AGENDA RECOMMENDATION: The agenda for the August 14, 2013 meeting be adopted as circulated.

DELEGATIONS

PLANNING & BUILDING 4.1

BUILDING BYLAW CONTRAVENTION - SHUKIN

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File #: 3135-20-E-707.9309.000 2678 Granite Road Belle Vue Manufactured Home Park, Blewett, BC (Helen, Sonia, Lorren & Cheryl Shukin) Area E i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot B, District Lot 8370, Kootenay District Plan 10034 (Shukin), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 2678 Granite Road Belle Vue Manufactured Home Park, Blewett, Electoral Area E, currently owned by Helen Shukin, Sonia Shukin, Lorren Shukin, Cheryl Shukin, legally described as Lot B, District Lot 8370, Kootenay District, Plan 10034, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.2

BUILDING BYLAW CONTRAVENTION - RUSHTON File #: 3135-20-G-707.05634.400 BP04346 4906 Erie Ross Spur Road, Salmo, BC (Nicholas Rushton) Area G

**The invitation sent by registered mail was sent back to the RDCK and was deemed "Undeliverable".

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i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 4, District Lot 1237, Kootenay District, Plan 13767 (Rushton), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 4906 Erie Ross Spur Road, Salmo, Electoral Area G, currently owned by Nicholas Rushton, legally described as Lot 4, District Lot 1237, Kootenay District, Plan 13767, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.3

BUILDING BYLAW CONTRAVENTION - GRIFFITHS File #: 3135-20-H-707.20365.000 6775 Prodigal Road Winlaw (Nancy, Sheila, Gordon & Francine Griffiths) Area H i) The Committee Report dated July 9, 2013 from Sam Ellison, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 151, District Lot 383, Kootenay District, Plan 958 (Griffiths), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 6775 Prodigal Road, Winlaw, Electoral Area H, currently owned by Nancy Griffiths, Sheila Griffiths, Sheila Griffiths, Gordon Griffiths & Francine Griffiths, legally described as Lot 151, District Lot 383, Kootenay District, Plan 958, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on

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normal working days during regular office hours. 4.4

BUILDING BYLAW CONTRAVENTION - HADDOW

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File #: 3135-20-H-22112.005 BP6335 5546 Kazakoff Road, Winlaw, BC (Teth Margaret Haddow) Area H i) The Committee Report dated July 8, 2013 from Sam Ellison, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as District Lot 8861, Kootenay District, Except (1) Parcel A (see 194847I) and (2) Part included in Plan 17130 (Haddow), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 5546 Kazakoff Road, Winlaw, Electoral Area H, currently owned by Teth Margaret Haddow, legally described as District Lot 8861, Kootenay District, Except (1) Parcel A (see 194847I) and (2) Part included in Plan 17130, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.5

BUILDING BYLAW CONTRAVENTION - LEWIS File #: 3135-20-H-020299.500 BP6645 7776 Hansen Road, Winlaw, BC (Michael Lewis) Area H i) The Committee Report dated July 8, 2013 from Sam Ellison, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 1, District Lot 382, Kootenay District, Plan 9323, Except Part Included in Plan 10106 (Lewis), has been received.

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RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 7776 Hansen Road, Electoral Area H, currently owned by Michael Lewis, legally described as Lot 1, District Lot 382, Kootenay District, Plan 9323, Except Part Included in Plan 10106, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.6

BUILDING BYLAW CONTRAVENTION - CHERNENKOFF

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File #: 3135-20-I-709.9105.976 BP1684 1711 Saliken Road, Pass Creek, BC (Richard Chernenkoff) Area I i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 1, District Lot 7780, Kootenay District, Plan NEP22434 (Chernenkoff), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 1711 Saliken Road, Pass Creek, Electoral Area I, currently owned by Richard Chernenkoff, legally described as Lot 1, District Lot 7780, Kootenay District, Plan NEP22434, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.7

BUILDING BYLAW CONTRAVENTION - POPOFF/SEIB

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File #: 3135-20-I-709.7591.060 BP02919 1482 & 1486 Pass Creek Road, Pass Creek, BC (Philip Wayne Popoff & Lillian Seib) Area I i) The Committee Report dated July 10, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 2, District Lot 8092 & 4598, Kootenay District, Plan 8195 (Popoff & Seib), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 1482 & 1486 Pass Creek Road, Pass Creek, Electoral Area I, currently owned by Philip Wayne Popoff & Lillian Seib, legally described as Lot 2, District Lots 8092 & 4598, Kootenay District, Plan 8195, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.8

BUILDING BYLAW CONTRAVENTION - POPOFF/SEIB File #: 3135-20-I-709.9398.028 BP0752 2165 Raven Road, Pass Creek, BC (Philip Wayne Popoff & Lillian Seib) Area I i) The Committee Report dated July 10, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot A, District Lots 8641 & 8642, Kootenay District, Plan 7844 (Popoff & Seib), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the

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Community Charter by the Regional District Board relating to land at 2165 Raven Road, Pass Creek, Electoral Area I, currently owned by Philip Wayne Popoff & Lillian Seib, legally described as Lot A, District Lots 8641 & 8642, Kootenay District, Plan 7844, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.9

BUILDING BYLAW CONTRAVENTION - FENTON File #: 3135-20-J-709.07597.850 BP03525 595 Highway 3A, Ootischenia, BC (Jeanette Fenton) Area J i) The Committee Report dated July 8, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Parcel A (See 196013I) of Lot 17, Block 11, District Lot 4598, Kootenay District, Plan 2949 (Fenton), has been received. ii) The letter dated August 2, 2013 from J. Fenton re: Building Bylaw Contravention for property legally described as Parcel A (See 196013I) of Lot 17, Block 11, District Lot 4598, Kootenay District, Plan 2949 (Fenton), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 595 Highway 3A, Ootischenia, Electoral Area J, currently owned by Jeanette Fenton, legally described as Parcel A (See 196013I) of Lot 17, Block 11, District Lot 4598, Kootenay District, Plan 2949, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours.

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4.10

BUILDING BYLAW CONTRAVENTION - KONKIN

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File #: 3135-20-J-709.1445.000 2727 Broadwater Road, Robson, BC (Gentry & Jacquelyn Konkin) Area J i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Parcel B (See 80221I) Lot 6, District Lot 301A, Kootenay District, Plan 777 (Konkin), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 2727 Broadwater Road, Robson, Electoral Area J, currently owned by Gentry Konkin and Jacquelyn Konkin, legally described as Parcel B (See 80221I) Lot 6, District Lot 301A, Kootenay District, Plan 777, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.11

BUILDING BYLAW CONTRAVENTION - KOZLER/PAYETTE File #: 3135-20-J-709.5670.100 BP02155 105 Hudu Creek Road (Lyle Regan Kozler & Amber Dawn Payette) Area J i) The Committee Report dated July 8, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as District Lot 1237, Plan NEPX72, Subsidy Lot 1, Except Plan 4153 (Kozler & Payette), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to

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file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 105 Hudu Creek Road, Electoral Area J, currently owned by Lyle Regan Kozler and Amber Dawn Payette, legally described as District Lot 1237, Plan NEPX72, Subsidy Lot 1, Except Plan 4153, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.12

BUILDING BYLAW CONTRAVENTION - LANE

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File #: 3135-20-J-709.1503.010 BP02061 3535 Broadwater Road, Robson, BC (John and Diane Lane) Area J i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 1, District Lot 301A, Kootenay District, Plan 16415 (Lane), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 3535 Broadwater Road, Robson, Electoral Area J, currently owned by John and Diane Lane, legally described as Lot 1, District Lot 301A, Kootenay District, Plan 16415, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.13

BUILDING BYLAW CONTRAVENTION - McLACHLAN File #: 3135-20-J-709.1459.020 BP02553 1076 Columbia Heights, Robson, BC (Amber & Henry McLachlan)

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Area J

**The invitation sent by registered mail was sent back to the RDCK because the package was refused by the property owner. i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 11, District Lot 301A, Kootenay District, Plan 2692 (McLachlan), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 1076 Columbia Heights, Robson, Electoral Area J, currently owned by Amber & Henry McLachlan, legally described as Lot 11, District Lot 301A, Kootenay District, Plan 2692, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.14

BUILDING BYLAW CONTRAVENTION - SCOTT File #: 3135-20-J-709.7731.070 BP02895 5355 Broadwater Road (Corey, Karen & Lloyd Scott) Area J i) The Committee Report dated July 9, 2013 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 7, District Lots 4599 & 14972, Kootenay District, Plan 11552 (Scott), has been received. RECOMMENDATION: The Secretary of the Regional District of Central Kootenay be directed to file a Notice at the Land Title Office in Kamloops, British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at

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5355 Broadwater Road, Electoral Area J, currently owned by Corey Scott, Karen Scott and Lloyd Scott, legally described as Lot 7, District Lots 4599 and 14972, Kootenay District, Plan 11552, and that further information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.15

DEVELOPMENT VARIANCE PERMIT - OUELLETT

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File #: 4270-20-V1305B-04471.100 1512 Wenger Road, Arrow Creek, BC (Jacques Ouellett) Area B i) The Committee Report dated July 30, 2013 from Bruce Gunn, Planner, re: Development Variance Permit for property legally described as Lot 1, District Lot 4592, Plan NEP23093 (PID 023-431-504) (Ouellett), has been received. RURAL AFFAIRS COMMITTEE - JULY 19, 2013 That the recommendations for a Development Variance Permit for property legally described as Lot 1, District Lot 4592, Plan NEP23093 (PID 023-431-504), owned by Caroline & Jacque Ouellet, BE REFERRED to the August 14, 2013 Rural Affairs Committee meeting. RECOMMENDATION: Be it resolved that a Development Variance Permit BE ISSUED to Mr. Jacques Ouellett for property located at 1512 Wenger Road, Arrow Creek, legally described as Lot 1, District Lot 4592, Plan NEP23093 (PID 023-431-504) to vary Section 605.1 of Regional District of Central Kootenay Zoning Bylaw 1675, 2004 to reduce the front yard setback to Wenger Road from 7.5 m to 2.4 m associated with the existing boat storage structure and proceed with the processing of building permit application BP0-20723. 4.16

OCP/ZONING AMENDMENT - SPRINGFORD File #: 4600-20-Z1306I-01619.450

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921/923 McHardy Road, Shoreacres, BC (Marten & Annie Springford) Area I i) The Committee Report dated July 26, 2013 from Mark Crowe, Planner, re: OCP/Zoning Amendment for property legally described as Lot 16, District Lot 303, Kootenay District, Plan 5391, PID 014-489759 (Springford), has been received. RECOMMENDATION: OPTION 1: Be it resolved that Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2361, 2013 being a bylaw to amend the Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 AND Regional District of Central Kootenay Zoning Amendment Bylaw No. 2362, 2013 being a bylaw to amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 are hereby given FIRST and SECOND READING and REFERRED TO PUBLIC HEARING, and further in accordance with Regional District of Central Kootenay Resolution 225/05 Electoral Area I Director Andy Davidoff is hereby delegated the authority to chair the Public Hearing on behalf of the Regional District Board. OPTION 2: No further action be taken with respect to Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2361, 2013 being a bylaw to amend the Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 AND Regional District of Central Kootenay Zoning Amendment Bylaw No. 2362, 2013 being a bylaw to amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004. OPTION 3: Further consideration of Kootenay-Columbia Rivers Official Community Plan Amendment Bylaw No. 2361, 2013 being a bylaw to amend the Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 AND Regional District of Central Kootenay Zoning Amendment

Bylaw No. 2362, 2013 be postponed to a future meeting of the Board. 4.17

RURAL LAND USE BYLAW 1335

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File #: 4600-20-Z1305G-RLUB_AG_AMEND Rural Land Use Bylaw 1335 Area G i) The Committee Report dated July 30, 2013 from Bruce Gunn, Planner, re: Area G Rural Land Use Bylaw 1335 Amendment, has been received. RECOMMENDATION: Be it resolved that Regional District of Central Kootenay Bylaw No. 2368, 2013 be given FIRST and SECOND READING and forwarded to PUBLIC HEARING to amend the Agricultural (AG) zone of Electoral Area G Rural Land Use Bylaw 1335, 1998 to include 'farm use' as per the Agricultural Land Reserve Use, Subdivision and Procedures Regulation as a Permitted Use in order to provide a consistent approach for the development of medical marijuana grow operations throughout all agriculturally zoned lands in the Regional District. 4.18

PARKLAND DEDICATION - PIETE File #: 4420-20-A-05370.300 16149 & 16131 Seymour Road, Crawford Bay, BC (Howard Piete) Area A i) The Committee Report dated July 25, 2013 from Meeri Durand, Planner Manager, re: Parkland Dedication (Piete), has been received. RECOMMENDATION: That the Regional District Board accept the offered 5% of 'Assessed Value' as meeting the requirements for park land dedication under Section 941 ofthe Local Government Act for properties legally described as Lot 6 and 7, District Lot 5021, Kootenay District, Plan 790 (PID 016036-778 and 015-430-146) and located at 16149 and 16131 Seymour Road.

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4.19

FLOODPLAIN MANAGEMENT BYLAW AMENDMENT - GAR CREEK ALLUVIAL FAN

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File #: 4910-20-1301D-GARR_CRK_RDCK Floodplain Management Bylaw Amendment Gar Creek, BC Area D i) The Committee Report dated June 21, 2013 from Meeri Durand, Planner Manager, re: Floodplain Management Bylaw Amendment - Gar Creek Alluvial Fan, has been received. RECOMMENDATION: That the Engineering Report prepared by Doug Nichol, P. Eng., Peter Jordon, P. Eng., Dwain Boyer. P. Eng., and Darin Yon in, P. Eng. dated May 16th, 2013, for the Regional District of Central Kootenay, in support of an amendment to Floodplain Bylaw No. 2080, 2009 BE ACCEPTED as satisfying the requirements of the Terms of Reference for Geotechnical Reports under Floodplain Management Bylaw 2080. RECOMMENDATION: That the Floodplain Management Amendment Bylaw 2356, 2013 amending Schedule “D" Non-Standard Flooding and Erosion Areas Map of Bylaw 2080, 2009 be read a FIRST, SECOND and THIRD time. RECOMMENDATION: The Floodplain Management Amendment Bylaw 2356, 2013 amending Schedule “D" Non-Standard Flooding and Erosion Areas Map of Bylaw 2080, 2009 is hereby ADOPTED and the Chair and Secretary are authorized to sign same. 5.

ENVIRONMENTAL SERVICES 5.1

SCADA PROJECT FUNDING

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File #: 5300-04_SCADA-03 Scada Project Funding i) The Committee Report dated August 8, 2013 from Jason McDiarmid,

Utility Services Manager, re: SCADA Project Funding, has been received. RECOMMENDATION: That Administration be directed to implement a Central SCADA project funded from individual water system's reserve accounts and/or from Community Works funds contribution as approved by individual Area Directors as follows: Riondel $6,570.97, Fauquier $10,951.61; Ymir $6,570.97, Balfour $10,951.61, South Slocan $6,570.97, Grandview $8,761.29, Lister $4,380.65, West Robson $4,380.65, Burton $4,380.65, Edgewood $4,380.65, Rosebury $4,380.65, Woodbury $4,380.65, Denver Siding $6,570.97, Sanca $4,380.65, and Duhamel $4,380.65; and that the 2013 Financial Plan be amended accordingly. 5.2

WATER RATES & REGULATIONS AMENDMENT BYLAW No. 2370, 2013 - DUHAMEL File #: 3200-20-RDC-2370 Water Rates & Regulations - Duhamel i) The Bylaw No. 2370 from Adrian Limpus, Water Services Liaison re: Bylaw No. 2370, 2013 amendment to Regional Water Rates & Regulations Bylaw No. 2052, 2009. STAFF NOTE: The bylaw amendment (highlighted in yellow in the attached bylaw) would add the following sections to Schedule A-1, Duhamel: - connection charges - water system extension charge - additional parcel charge - other charges - transfer of ownership - new water service connection application fee RECOMMENDATION: Regional Water Rates and Regulations Amendment Bylaw No. 2370, 2013 is hereby read a FIRST, SECOND and THIRD time by content.

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RECOMMENDATION: Regional Water Rates and Regulations Amendment Bylaw No. 2370, 2013 is hereby ADOPTED and the Chair and Secretary are authorized to sign same. 6.

COMMUNITY SERVICES

NO ITEMS

RURAL ADMINISTRATION 7.1

DISCUSSION ITEM - UBCM GAS TAX RESTRUCTURING BY SURVEY

UBCM is preparing for discussions with the federal and provincial governments about a 10-year renewed Gas Tax Agreement in BC. As part of our consultation leading to those discussions, UBCM is inviting all members to contribute to an online survey that is now online. The deadline for responses is August 31, 2013. http://www.formstack.com/forms/ubcm-membersurvey i) The UBCM Renewed Gas Tax Fund - Member Survey, has been received. 8.

ADJOURNMENT RECOMMENDATION: The meeting be adjourned at ______

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Page 4 of21

(2)

(1) For the purposes of subsection (2) (b), n1eans any of the following activities carried on at a British Coltunbia licensed winery or cidery: (a) processing, storage and retail sales; (b) tours; (c) a food and beverage service lounge, if the area does not exceed 125 m 2 indoors and 125 1112 outdoors, are designated as use for (2) be regulated but n1ust not be prohibited by any local govenu11ent bylaw and C>'V路"""""'"- a bylaw under or, the activity is undertaken on treaty settle1nent lands, by a law of the applicable treaty first nation government: fann retail sales if (i) all of the farn1 product offered for sale is produced on the fann on which the retail sales are taking place, or (ii) at least 50% of the retail sales area is li1nited to the sale offan11 products produced on the farn1 on which the retail sales are taking place and the total area, both indoors and outdoors, used for the retail sales of all products does not exceed 300 1112 ; (b) a British Columbia licensed winery or cidery, and an ancillary use, if the wine or cider produced and offered for sale is n1ade fron1 farm product and (i) at least 50% of that fann product is grown on the farm on which the winery or cidery is located, or (ii) the farm that grows the farn1 products used to produce wine or cider is more than 2 ha in area, and, unless otherwise authorized by the con1mission, at least 50% of the total fann product for processing is provided under a mini1nun1 3 year contract fron1 a fann in British Coltnnbia; (c) storage, packing, product preparation or processing of fan11 products, if at least 50% of the farn1 product being stored, packed, prepared or processed is produced on the farn1 or is feed required for fann production purposes on the fann; (d) land develop1nent works including clearing, levelling, draining, bern1ing, irrigating and construction of reservoirs and ancillary works if the works are required for fann use ofthat fann; (e)

(a)

94 7/4/2011

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