• Menu
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Country Life In BC Logo

The agricultural news source in British Columbia since 1915

  • Headlines
  • Calendar
  • Subscribe
  • Advertise
  • About
  • Archives
  • Contact
  • Search
  • Headlines
  • Calendar
  • Subscribe
  • Advertise
  • About
  • Archives
  • Contact
  • Search

Primary Sidebar

Originally published:

July 2018
Vol. 104 Issue 7

Subscribe Now!

Sign up for free weekly FARM NEWS UPDATES

Loading form…

Your information will not be
shared or sold ever

Stories In This Edition

Sweet basil

Committee cancels meetings

Sidebar: Greater co-ordination; less conflict

Prince George packing plant gets further study

Sidebar: Co-op model lets producers pocket profits

Editorial: Buy the billions

Back Forty: Canada isn’t the cure for what ails US dairy

OpEd: Dairy industry will endure current trade issues

ALC allegations nix Delta farmer’s vision

Letters: Elk know no boundaries

Precautions taken against Japanese beetle

Great spring for nurseries

Chicken pricing formula isn’t right

Pitt crew

Criteria for Crown tenure still unclear

McClary’s leased to Aquilinis

Strawberries kick berry season off to good start

Food advocates grapple with rural-urban interface

Research updates presented to cherry growers

New farmers need to research livestock needs

Time for tea

Ag Brief: Farmers still waiting on new ag waste regs

Ag Brief: Drought watch

AgBrief: Good to meet ewe

Ag Brief: Staff change at FF/CF

Ag Brief: Market trail

Riparian restorations benefit from farm funding

Young Farmers network at Okanagan tour

Salmon Arm fleece brings top dollar

Perseverance, ingenuity aid haskap harvest

BC ranchers praised for wildfire response

Committee work pinpoints rancher priorities

Mentorship program helps expand horizons

Tour gives public insight to dairy farming

Island welcomes Angus breeders

Experts weigh in on future of raspberry cultivars

Preparation, customer service key to market success

Top 10 list for market success

UVF ag curriculum continues to diversify

Research: Going green

Buy BC relaunched

Farm camps for kids

Henderson continues on crash course

Jude’s Kitchen: It’s easy to make July veggie month

All content on this website is copyrighted, and cannot be republished or reproduced without permission.

More Headlines

Follow us on Facebook

Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

2 days ago

... See MoreSee Less

View Comments
  • Likes: 0
  • Shares: 0
  • Comments: 0

Comment on Facebook

2 days ago

A $2.5-million provincial program is helping Fraser Valley egg and poultry producers defend their flocks against avian influenza. The Novel Tools and Technologies Program supported 29 farms last year with air filtration and UV light systems — and more than 80% would recommend the technology to others. Applications for the current round, supporting approximately 50 farms, are open June 1–30. Fraser Valley, Langley and Surrey farms are eligible.

#BCAg
... See MoreSee Less

A $2.5-million provincial program is helping Fraser Valley egg and poultry producers defend their flocks against avian influenza. The Novel Tools and Technologies Program supported 29 farms last year with air filtration and UV light systems — and more than 80% would recommend the technology to others. Applications for the current round, supporting approximately 50 farms, are open June 1–30. Fraser Valley, Langley and Surrey farms are eligible.

#BCAg
View Comments
  • Likes: 8
  • Shares: 0
  • Comments: 0

Comment on Facebook

3 days ago

The sod for the seven FIFA World Cup matches beginning this Saturday at BC Place was grown by Bos Sod Farms in Abbotsford. During a tour of the Bos family's turf farm hosted by the Abbotsford Chamber of Commerce last week, Bert Bos said getting the hybrid of 95% real grass and 5% artificial turf just right was a learning experience. "That hybrid component makes it very robust," he says. "There's a whole battery of testing they do."

#BCAg
... See MoreSee Less

The sod for the seven FIFA World Cup matches beginning this Saturday at BC Place was grown by Bos Sod Farms in Abbotsford. During a tour of the Bos familys turf farm hosted by the Abbotsford Chamber of Commerce last week, Bert Bos said getting the hybrid of 95% real grass and 5% artificial turf just right was a learning experience. That hybrid component makes it very robust, he says. Theres a whole battery of testing they do. 

#BCAg
View Comments
  • Likes: 68
  • Shares: 2
  • Comments: 4

Comment on Facebook

Congratulations So proud of you

Way to grow!

Why not just bring FIFA to sumas prairie.

100%

4 days ago

BC fruit growers and ranchers are bracing for a crisis after the Regional District of North Okanagan demanded a 70% cut in agricultural water use amid critically low reservoir levels. The BC Fruit Growers Association warns losses in the Vernon area could reach $250 million in crop and tree losses. Growers hope today's meeting with RDNO will chart a path forwar#BCAg#BCAg ... See MoreSee Less

Link thumbnail

Vernon growers address drought

www.countrylifeinbc.com

Growers blindsided by last week’s demand from the Regional District of North Okanagan for a 70% cut in agricultural water use hope a June 10 meeting with RDNO will chart a positive path forward.
View Comments
  • Likes: 12
  • Shares: 25
  • Comments: 6

Comment on Facebook

So let’s cut the water for the ones growing the food that feed the people. Makes total sense 🙄

Hey let's put up an AI Center in the OKANAGAN, we don't need water for FOOD! #ThatAnnouncementWillBeNext

Time for the city folks to stand up for the farmers and realize how devistating these changes will be. Definitely golf courses and city green space need to be shut off before food supply does.

All the golf courses had better have turned all their irrigation off before any primary producers are forced to.

no people or no food, tough choices

crazy shit, shut down nthe golf courses, nom water for them

View more comments

5 days ago

BC Agriculture Minister Lana Popham is hinting at upcoming announcements on food processing within the Agricultural Land Reserve and flood mitigation support. Speaking at the Abbotsford Chamber's Agriculture Bus Tour June 5, she signalled policy changes may be coming "in the next few weeks." On flooding, she says progress over the past four months has been significant. "We're very confident compared to where we were six months ago."

#BCAg
... See MoreSee Less

BC Agriculture Minister Lana Popham is hinting at upcoming announcements on food processing within the Agricultural Land Reserve and flood mitigation support. Speaking at the Abbotsford Chambers Agriculture Bus Tour June 5, she signalled policy changes may be coming in the next few weeks. On flooding, she says progress over the past four months has been significant. Were very confident compared to where we were six months ago.

#BCAg
View Comments
  • Likes: 13
  • Shares: 0
  • Comments: 4

Comment on Facebook

So are these actual farmers or just some university students who THINK they can save the world .

I’m still waiting for Ms Popham to accept one of my 86 invitations to meet with me to discuss the ALR dumping ground next to my house. Maybe 87 will be the charm? Lana Popham

Lana is a joke. She came up here to the NP promising to do Everything in her power along with Whoregan and the rest of them, to stop the FLOODING OF 10,000 ACRES of PRIME CLASS 1 FIELD TO PLATE FOOD PRODUCING LAND, in the Peace Valley. But she was just like the rest of the puppets looking for her election and Ag Minister postition. Yep they LIED, they had the chance but not. Now our Northern Food security is threatened and the beautiful limited land is gone under 60 meters of water and the landslides to follow. How is it the Valley, that used to be a vibrant Wetland, floods and yet there is a shortage of fresh WATER for Vancouver? The entire region of Richmond is below sea level, why not FLOOD some of that with the LARGE AMOUNTS OF FRWSH WATER pouring off of the Mountainsides in the Valley, store and and USE it for your new Data centers....

useless ndp

Subscribe | Advertise

The agricultural news source in British Columbia since 1915
  • Email
  • Facebook

ALC allegations nix Delta farmer’s vision

Cranberry venture bogged down in legal wrangling

July 1, 2018 bySean Hitrec

DELTA – Don Malenstyn has all but given up on his career and passion after losing an appeal of a remediation and stop-work order from the Agricultural Land Commission.

“I didn’t think I’d ever say it, but I’m done. This is ridiculous. This is 54 years of my life completely wasted,” he says, surveying the 80-acre property where he was raised.

The property now hangs in a state of limbo, eight years after his efforts to work with the local water table incurred the wrath of neighbours and the ALC.

Years of losing his potato crop to summer flooding prompted Malenstyn to take matters into his own hands and begin filling the property with a view to growing cranberries and leaving his son an arable property.

The water woes started more than 20 years ago when Delta began pumping water from the Fraser River into irrigation ditches along 104th Street. Malenstyn’s property is one of the lowest in Delta; some areas dip below sea level.

“I’ve had 89% of my [potato] crop lost. That was 2001, the year my son was born, and I worked three other jobs to support the farm. I didn’t see money till 2005 from Delta,” he says, referring to an out-of-court settlement.

Malenstyn adds that salinity from the Fraser River salt wedge and leaks in his neighbour’s septic tank flow into his ditch. To solve the problem, he created a four-metre-deep, above-ground reservoir, with plans to have his own closed-loop filtration system for his cranberry bogs (which need fresh water all-year round).

Malenstyn, who had accepted fill from Delta to help fix his water problem since 1996 without issue, began accepting fill in larger quantities from local developers in 2009 to complete the work.

But the new deliveries attracted greater scrutiny than in the past, thanks to concerns over illegal fill operations. With booming development in the Lower Mainland, it was often cheaper for companies to pay landowners to take fill than to transport it to designated fill sites. But the Agricultural Land Commission Act says landowners need to seek approval before accepting fill.

“There’s a lot of fill looking for a place to land,” says ALC director of policy and planning Martin Collins. “The reality is … the money you can get for [taking fill] can ruin a property forever for agriculture, yet pay for the property.”

In 2010, the ALC ordered Malenstyn to stop receiving fill because it didn’t see how it was for farm use. He gave the ALC a farm plan made with agrologist Danny Grant a month later and says he stopped receiving fill in 2011.

He built his reservoir and two cranberry cells (by stripping the land, putting fill down and then placing the original soil on top) before he was stopped again.

The ALC issued a stop-work and remediation order to Malenstyn in May 2017, instructing him to remove all the material, save his cranberry bogs, from the property and appropriately dispose of it at an “authorized disposal site.”

Malenstyn says he made enough from fill deliveries to cover most of the costs of converting his property to cranberry bogs. Yet after consulting a second agrologist, Gordon Butt, creating a farm plan, having WCB inspect the safety of his reservoir and hiring a lawyer for help, he appealed the order and was rejected in late January 2018.

The appeal panel of four representatives from the ALC suspected he was taking the fill for profit. Among other things, they charged him with the task of proving he was not guilty of this by revealing the income he made.

“The Appeal Panel considers that the motivation for the above ground reservoir may have been the income that could be received from fees,” the panel’s decision says.

Malenstyn did not, nor was he required, to share his income with the ALC according to his lawyer, Alastair Wade.

This wasn’t the only aspect of the appeal process that struck Wade as abnormal.

Wade specializes in litigation with nonjudicial bodies such as the ALC and says he had just two hours to present Malenstyn’s case, where the norm is “as much time as you need.” Nor was Malenstyn given a chance to respond to points the ALC raised in the final ruling.

“Under the Farm Practices Act, you have the right to make dikes and you have the right to make roads on your property and you have the right to farm it in accordance with appropriate farm practices. Mr. Malenstyn produced not one, but two different agrologists which supported his plan to make this a productive cranberry bog,” Wade says.

But what about seeking approval for taking fill?

“The appellant didn’t seem to think that he had to have any approval at all,” Collins says. “We have a decade or more of filling [on Malenstyn’s property]. [He’s] not really growing any substantive amount of cranberries and yet we have this infrastructure that’s beyond typical; in fact it’s the only one of its kind in the Fraser Valley.”

Malenstyn says his farm plan shows that he was using the fill for farm use and he can’t farm a “substantive amount” of cranberries because he’s unable to complete construction.

“In the end it’s a difficult call,” says Collins, referring to the ALC’s speculation about Malenstyn’s plans. “Ascribing motivations is very chancy. When we said ‘may,’ we don’t really know, but we just are going by normal farm practice and procedure that is followed by everybody else and he’s outside of those bounds.”

Wade says that ignores how farming works in the real world.

“The mere fact that some people don’t grow cranberries the same way as other people grow cranberries doesn’t make one right and one wrong,” he says. “It’s just a different way of doing it.”

Malenstyn now grows cow corn and sells pigs and fresh eggs, which together barely pay his bills.

And it’s certainly not enough to fund compliance with the ALC’s order, or take further steps to transform his property into productive farmland in one of the most fertile parts of BC.

All content on this website is copyrighted, and cannot be republished or reproduced without permission.

Related Posts

You may be interested in these posts from the same category.

Reclassification sparks farm definition debate

ALC rejects Cowichan dike removal

Regulatory hurdles threaten farm income solutions

Landowners push back against rail trail plans

ALC members appointed

Islands Trust turns 50

Illegal dumping surges on Fraser Valley farmland

Premier boosts fill enforcement

ALR policy review shows room for improvement

Surrey ALR inclusion cheered

ALC rejects Teacup appeal

Whistleblowers at FIRB, ALC protected

Previous Post: « Strawberries kick berry season off to a good start
Next Post: New farmers need to research livestock needs »

© 2026 COUNTRY LIFE IN BC - ALL RIGHTS RESERVED