FOREST AND RANGE PRACTICES ACT

Transcription

1 DELEGATION OF MINISTER OF FORESTS, LANDS, NATURAL RESOURCE OPERATIONS AND RURAL DEVELOPMENT POWERS AND DUTIES UNDER THE FOREST AND RANGE PRACTICES ACT AND REGULATIONS, January 2019 A = CF = DCEB = DDCEB = D = = DRM = DRO = = EPS = Assistant Deputy Minister Chief Forester Director, Compliance and Enforcement Branch Deputy Director, Compliance and Enforcement Branch Deputy Fire Centre Manager District Manager Director, Resource Management District Recreation Officer Director, Recreation Sites and Trails Ecosystem Protection and Sustainability, MOE = IRO = MOE = NRO = = RMCEB= RPB = TSM = Fire Centre Manager Integrated Resource Operations Ministry of Environment Persons employed by the Compliance and Enforcement Branch, Ministry of Forests, Lands, Natural Resource Operations and Rural Development, designated as natural resource officers under section 2 of the Natural Resource Compliance Act Regional Executive Director Regional Manager, Compliance and Enforcement Branch Resource Practices Branch Timber Sales Manager A reference to a delegate in the table below includes a person acting for the delegate. All delegations are to staff in unless otherwise noted. An expectation of is the Minister s expectation of a government employee in the exercise of their delegated authority and is not a legally binding direction. FOREST AND RANGE PRACTICES ACT Topic Section Delegation Part 1 Definitions and Interpretation Definition of Official 1 (1) May only designate Scaling Supervisors, Revenue Technicians and Check Scalers, who are also designated as Forest Officers under section 1 (1) the Forest Act, as officials under sections 59 (2) and (4), 60, 61 (2), and 67 (1) (a), (c), (i) (i), and (i) (ii) of the Forest and Range Practices Act. Part 2 - Forest Stewardship Plan, Site Plan and Woodlot Licence Plan Forest Stewardship plan Exemption from forest stewardship plans Content of forest stewardship plan 4 (1) (d) Term of forest stewardship plan Limited protection for 7 (1.1) delegates will not sub-delegate. 5 (1) (a) (i) Map scale should be 1:20000 coast and 1:50000 for interior. 6 (2) Page 1 of 16

2 FOREST AND RANGE PRACTICES ACT Topic Section Delegation Woodlot Licence Plan General Part 3 Forest Practices Roads Forest Health forest development units Proportional objectives 9 Woodlot licence plan 12 (3) required Content of woodlot 13 (1) (a) (i) licence plan Term of woodlot licence 14 (2) plan 14 (3) Approval of forest stewardship plan, woodlot licence plan or amendment Approval in emergency cases 16 (1) 16 (1.1) 16 (2.1) 16 (3) 16 (4) 17 Industrial use of a road 22.1 (4) Non-industrial use of a 22.2 (3) (b) road (i) 22.2 (4) Consent to connect 23 (1) TSM Sanitation exemption 25 Director, RPB, for cross-regional mountain pine beetle applications., for infestations within a district., for cross district infestations. Control of insects, diseases, animals, or abiotic factors 26 (1), if control crosses district boundaries or districts do not have expertise. 26 (2), if control crosses district boundaries or districts do not have expertise. 26 (4) 26 (6) 26 (7) 26 (8) Page 2 of 16

3 FOREST AND RANGE PRACTICES ACT Topic Section Delegation Silviculture and Gene Resources Part 4 Range Range Use Plan and Range Stewardship Plan Forest health emergency 27 (2), if order is directed to TSM. Transfer of obligation to 29.1 (1) (c) establish a free growing, if results in liability to stand government (3) (c), if results in liability to government. Range use plan and range stewardship plan required Content of range use plan for grazing Content of range use plan for hay cutting Content of range stewardship plan Term of range use plan and range stewardship plan Approval of a range use plan or range stewardship plan 32 (2) 32 (4) 33 (1) (a) 33 (1) (c) 34 (1) (a) 34 (1) (c) 35 (1) (a) 35 (1) (b) 36 (1) 36 (2) 37 (1) 37 (3) 37 (4) Mandatory amendments 38 (5) Cumulative impacts require plan amendment 39 (1) 39 (2) 39 (3) Proportional objectives 42, for multi or cross district tenures. General General 45 (2) Part 5 Protection of Resources Division 1 - Protection of the 46 (3) (b) General environment Invasive plants 47 (1) (b) Unauthorized Timber Harvesting, Trespass and Tree Spiking Natural range barriers 48 (1) (d) Range developments 51 Unauthorized timber harvesting Authorization for silviculture, stand tending, forest health or another purpose Unauthorized construction and 52 (1) (b) (2) Page 3 of 16

4 FOREST AND RANGE PRACTICES ACT Topic Section Delegation Recreation occupation Interpretive forest sites, recreation sites and recreation trails Unauthorized trail or recreation facility construction Protection of recreation and range resources on Crown land Part 6 Compliance and Enforcement Inspecting, Stopping and Seizing Seizure Delivery of records 61 (1) DCEB DDCEB RMCEB Stop work order 66 (6) DCEB DDCEB RMCEB Seizure of timber, chattels, hay, etc. 67 (3) Seizure and forfeiture of livestock 68 (2) (b) 68 (3) Common provisions for 69 (1) 56 (1) A, IRO 56 (2) 56 (3) 56 (4) 57 (1) DRO 57 (2) DRO 57 (2.1) DRO 57 (4) D 57 (5) DRO 58, only as authorities apply to range resources., only as authorities apply to recreation., only as authorities apply to range resources., only as authorities apply to recreation. or will refer decision to DCEB, DDCEB, or RMCEB if it is likely a determination will be following. Page 4 of 16

5 FOREST AND RANGE PRACTICES ACT Topic Section Delegation Administrativ e Remedies Corrections, Reviews and seizure and forfeiture, if feels conflict in being involved with related investigation. No interference with notice 70 NRO Administrative penalties 71 (1) D 71 (2) D 71 (5) D 71 (6) D Remediation orders 74 (1) D 74 (2) D 74 (3) D 74 (4) D 74 (5) D 74 (7) D Power of intervention: general Determinations stayed until proceedings concluded 77 (1) 77 (2) 78 (2) A, Coast Area A, IRO A, North Area Page 5 of 16

6 FOREST AND RANGE PRACTICES ACT Topic Section Delegation Appeals Division 5 Offences and Court Orders Part 7 General Liability and Privilege Review of a determination Requirement to publish 85 (1) DCEB A, South Area CF 80 (1) delegates will not sub-delegate. 80 (4) 85 (2) DCEB Order for compliance 90 (1) A, Coast Area A, IRO A, North Area A, South Area CF Interference, noncompliance and misleading Limitations on liability of persons to government Government may fund extra expense or waive obligation 97 (3), if plan crosses district boundaries. 107 (4) 107 (5) 108 Part 10 Pilot Projects for Forest Practices or Range Practices Public review and comment required before a pilot project may proceed 171 (1), if pilot project crosses district boundaries. delegates will not sub-delegate. Page 6 of 16

7 AINISTRATIVE REVIEW AND APPEAL PROCEDURE REGULATION Topic Section Delegation Part 1 Definitions Definition of reviewer 1 D Part 2 Administrative Review Procedure Division 2.1 Procedures after Receipt of Request for Review under the Range Act Procedures after Receipt of Request for Review under the Forest and Range Practices Act Division 4 Procedures after Receipt of Request for Review under the Wildfire Act Notification of parties following receipt of a request for review Deficient request for review Designation of reviewer 7.4 Notification of parties following receipt of a request for review 9 (1) 9 (2) 9 (3) Deficient request for review 10 Board s deficient requirement for review 11 Designation of reviewer 13 Notification of parties 15.2 D following receipt of a request for review Deficient request for review Board s deficient requirement for review 15.3 D 15.4 D Designation of reviewer 15.5 D Page 7 of 16

8 Topic Part 1 Interpretation FOREST PLANNING AND PRACTICES REGULATION Definition of authorized in respect of a road Section Delegation 1 (1), may only authorize maintenance and deactivation. Definitions forest cover inventory Removing Crown timber to protect a community from wildfire Part 2 Forest Stewardship Plans Content (Objectives) Division 2.1 Miscellaneous Public Review and Comment Approvals and Extensions Division 5 Amendments Objectives set by government for wildlife 1 (1) CF (2) Director, EPS 7 (3) DRM Specifying Results or 12 (5) Strategies 12 (7) Cumulative effect of 19 multiple forest stewardship plans Limited content forest 19.1 stewardship plans Providing notice 20 (2) 20 (3) Review and comment 21 (1) (a) Requiring additional 24 information Consistency of results and strategies with established objectives Minister s consideration of stocking standards 25 (2) 26 (1) 26 (2) 26 (3) 26 (4) 26 (5) Balancing objectives 27 Extending term 28 Amendment wrongly made Exemption from review and comment process for mandatory amendments Part 4 Practice Requirements s will not subdelegate. 31 (1) delegates will provide written rationale. 31 (2) 32 Soil disturbance limits 35 (5) Soils Secondary structure 43.1 (2) (c) Page 8 of 16

9 Topic Timber and Forest Health Riparian Areas Watersheds Part 5 Roads FOREST PLANNING AND PRACTICES REGULATION retention in mountain pine beetle affected stands Free growing stands generally Free growing stand forestry licence to cut Free growing stands: community salvage licence Section 43.1 (4) (h) 44 (1) (b) 46 (2) 46 (3) (b) (i) 46.1 (1) (a) 46.1 (3) 46.1 (4) Requirements if free 46.2 (2) growing stand cannot be established 46.2 (3) Stream riparian classes 47 (6) Wetland riparian classes 48 (5) Lake riparian classes 49 (1) (b) (ii) Roads in a community watershed 49 (3) 62 (1) Exemptions from section 79.1 (3) 22.1 of the Act Fibre recovery tenure (4) holders exemption from section 22.1 of Act Restricting road access to 79.3 (2) protect a community from wildfire Road deactivation 82 (3) Part 6 Notifying and Reporting to Government Annual reports 86 (6) CF Site specific standards 87 (5) Silviculture treatment records 88 (3) Part 7 Exemptions and Relief from or Funding of Obligations Exemptions Minister may grant exemptions 91 Delegation Page 9 of 16

10 Topic FOREST PLANNING AND PRACTICES REGULATION Exemptions by minister responsible for the Wildlife Act Section Delegation 92 DRM, may only grant an exemption where an environmental assessment certificate has been issued. all other exemption requests be referred to the Deputy Minister,. Relief from or Funding of Obligations Part 10 Transition Exemptions resulting from an established objective 92.1 (1) 92.1 (2) (a) DRM Transfer of obligations 94 (1) 94 (2) 94 (4) Declaration regarding 97.1 (3) free growing stand obligations met to the extent practicable 97.1 (4) Amalgamating obligations to establish a free growing stand 111 (1) Page 10 of 16

11 Topic FOREST RECREATION REGULATION Section Part 2 Public Recreation Orders on Crown Land Public notice of recreation order 2 (1) DRO 2 (2) DRO 2 (3) Part 3 Unauthorized Trail or Recreation Facility Construction Part 5 - Fees How to obtain authorization under section 57 of the Act Fees for use of recreation site or trail 4 (1) DRO 4 (3) DRO 4 (4) DRO 22 (2) 22 (3) 22 (4) 22 (6) DRO 22 (7) DRO Delegation Page 11 of 16

12 Topic GOVERNMENT ACTIONS REGULATION Section Resource features 5 (1) (a) CF 5 (1) (b) CF 5 (1) (c) CF 5 (1) (d) CF 5 (1) (e) CF 5 (1) (f) 5 (1) (g) 5 (1) (h) 5 (2) 5 (4) CF Lakeshore management 6 zones and objectives Scenic areas and visual quality objectives 7 Community watersheds and water quality objectives General wildlife measures Delegation 8 (1) DRM, may only order a minor boundary amendment to an existing order 9 (2) delegates will not sub-delegate. Page 12 of 16

13 Wildlife habitat areas and objectives Ungulate winter ranges and objectives Fisheries sensitive watersheds and objectives 10 A, Coast Area, may only establish an area as a wildlife habitat area for the marbled murrelet or northern goshawk. A, North Area, may only establish an area as a wildlife habitat area for the marbled murrelet or northern goshawk. A, Resource Stewardship, may only establish an area as a wildlife habitat area for the marbled murrelet or northern goshawk. DRM, may only order a minor boundary amendment to an existing order. 12 DRM, may only order a minor boundary amendment to an existing order. 14 DRM, may only order a minor boundary amendment to an existing order. As and s will not sub-delegate. s will refer decisions to the Deputy Minister,, when the establishment of the ungulate winter range or wildlife habitat area: 1. Is inconsistent with or varies from a Cabinet or Minister approved land use plan such as land and resource management plan, regional land use plan or sustainable resource management plan. 2. Is likely to have substantial social, environmental or economic implications. 3. Is likely to have substantial political interest or there is potential for an announcement at the political level. s will refer marbled murrelet and northern goshawk wildlife habitat area decisions to a delegated A. s will not subdelegate. s will not subdelegate. Page 13 of 16

14 Topic Part 2 Plans Exemption and Qualifications for Preparing a Range Stewardship Plan Objectives Plan Content Review and Comment Division 5 Approval and Amendments RANGE PLANNING AND PRACTICES REGULATION Exemption from plan requirement Section 3 (1) 3 (2) Other objectives 12 (2) DRM Content of range use 13 plans Content of range stewardship plans 14 (2) Notice 17 Advisory committee 19 Minor amendment 21 wrongly made Mandatory amendments 22 (1) Balancing objectives 23 Extending term 24 Part 4 Practice Requirements Forage Riparian and Upland Areas Watersheds General Wildlife Measures, Wildlife Habitat Features and Resource Features Division 5 Range Development Part 5 Miscellaneous Range readiness 28 (2) Protection of fish 32 (2) Protecting water quality 33 (3) Water quality objective 34 (4) General wildlife 36 (3) DRM measures Wildlife habitat features 37 (2) DRM Resource features 38 (2) Maintenance of range 40 (2) developments Revegetation 41 (2) Tagging 42 Intervention orders and 45 payment of expenses Delegation Page 14 of 16

15 Topic SECURITY OF FOREST AND RANGE PRACTICE LIABILITIES REGULATION Section Security 1 (1) 1 (2) 1 (3) Return of security 2 Delegation Page 15 of 16

16 Topic WOODLOT LICENCE PLANNING AND PRACTICES REGULATION Part 2 Woodlot Licence Plans General Woodlot Licence Plan Content Review and Comment Approvals and Amendments Exemptions from woodlot licence plan Section 5 (2) 5 (3) 5 (5) 6 (1) (b) Delegation Term of woodlot licence plan Woodlot licence plan 7 area Mapping and information 8 (2) DRM, may only make exemptions for wildlife habitat areas. Established objectives 9 (3) Director, EPS Review and comment 17 (1) 17 (2) 17 (3) Minister s consideration of woodlot licence plan Minor amendments that require approval Minor amendments wrongly made Part 3 Practice Requirements Timber and Forest Health Riparian Areas Watersheds Free growing stands 34 (1) 34 (4) Requirements if free 35.1 (2) growing stand cannot be established 35.1 (3) Stream riparian classes 36 (6) Wetland riparian classes 37 (5) Lake riparian classes 38 (1) 38 (3) Roads in a community 50 (1) watershed Road deactivation 71 (3) Surveys 75 (1) 75 (2) 75 (4) 75 (6) 75 (7) Part 6 Exemptions and Relief from or Funding of Obligations Exemptions Relief from or Funding of Obligations The minister may grant 78 exemptions Minister responsible for 79 (1) DRM the Wildlife Act may grant exemptions 79 (2) DRM Payment of expenses 80 (1) Transfer of obligations 81 (1) 81 (2) 81 (4) Page 16 of 16