The appellants claimed acquired rights under s. 101 of the Act to preserve agricultural land to build a house on a lot without authorization from the Commission.
The lot contained the stone foundations and wood flooring of a residence demolished in 1976, which were not covered by vegetation when the Act became applicable in 1980.
The Supreme Court of Canada held that the appellants did not have acquired rights, as s. 101 requires actual use of the land for a purpose other than agriculture at the time the Act became applicable.
The abandoned foundations did not constitute an effective use of the lot, and the absence of vegetation alone did not preserve an acquired right.
