Forest Management Legislation*

Transcription

1 Forest Management Legislation* Forest Management Legislation Prior to 1912 The Early Years The forests of BC were seen by early legislators as an economic engine to drive development and expansion of the colony. After BC joined Confederation in 1871 responsibility for the forests was vested in the Department of Lands and Works. Early legislation focused on building a robust forest industry and growth was rapid in this sector, with substantial economic benefits to a growing province. Significant policy decisions in the late 19th century did signal that the province was intent on managing the forests for the long-term benefit of its citizens. In 1888 the Legislature made amendments to the Land Act that clearly established three major precepts governing the BC timber industry: Public ownership of forest land, The timber resources shall be used to build up a home industry, and, The major revenue shall be collected when the timber is cut. In 1905 the province opened Crown forests to anyone wishing a cutting licence. The resulting licence boom was halted in 1907 and the remaining forest lands reserved from further alienation by Order-in-Council. Growing concern about the management of the province s forests resulted in a Royal Commission of Inquiry on Timber and Forestry, chaired by the Honourable F.J. Fulton. The Commission reported out in 1910 and some of the key recommendations included: That Government make a complete timber cruise of all Crown grant timber lands That Government continue indefinitely the reserve on non-alienated timber land That the protection of forests from fire be undertaken by government *This document is a high-level summary of legislation governing the business of the Forest Service from 1912 to The author has attempted to review all statutes, and amendments to statutes, introduced by the Minister responsible for the Forest Service during this period and to identify the significant policy shifts. Sources of information were largely from the Legislative Library of British Columbia. These included the statutes themselves, media clippings and Journals of the House prior to the introduction of Hansard in 1970, research reports prepared by Legislative Library researchers and the legislative debates of these statutes and amendments, found in Hansard. Also consulted were the final reports from the five forestry commissions undertaken in British Columbia. Finally, a working paper prepared for the 75 th anniversary of the Forest Service was heavily drawn on for the early years. A copy of this document is included as an Appendix. W. R. Archibald, June 2011

2 2 That logging be strictly regulated to end devastation and waste, reduce fire risk and promote regeneration That Government proceed immediately with the establishment of a Department of Forests. Many of the Commission s recommendations were implemented by the passage of the Forest Act in Those interested in more detail from this period are directed to Appendix 1, Working Paper No.1, Events Legislation, The Building Years, The Honourable William R. Ross, Minister of Lands, introduced the second reading of the Forest Act with the following: Sir, a certain solemnity of its own surrounds the introduction of this Forest Bill. An epoch is condemned, a new epoch inaugurated, a turning point in the development of this great young Province reached. We raise ourselves today above our transitory interests of this week, this year; we glance down the vista of the years to come, and, turning from that vision of the future, we call the world to witness that we legislate today, not only for ourselves and for the needs of this day and this generation, but also, and no less, for our children s children, and for all posterity that we may hand down to them their vast heritage of forest wealth, unexhausted and unimpaired Forest Act Establishment of a Forest Branch in the Department of Lands to control and administer all matters related to and in anyways connected with forestry Position of Chief Forester identified Creation of forest reserves: stands of timber not subject to lease, sale or occupation without prior approval of cabinet Fire-fighting forces and efforts increased A fire lookout system developed 1914 Timber Royalty Act Defined the stumpage price set for Crown timber Attempted to set royalty rates from Aeroplane Spruce-cutting Act To meet the spruce demands of Imperial Munitions Board Enabled Minister of Lands to authorize cutting of spruce on any lands in the province a cause good for the Allies and for business in BC Honourable T.D. Pattullo

3 Grazing Act Department of Lands given control and management of all Crown ranges Established a commissioner of grazing within the Forest Branch Repealed Cattle Ranges Act and Crown Lands Pasture Act 1924 Royalty Act Provided greater flexibility for setting of Crown charges Repealed Timber Royalty Act 1925 Forest Reserve Fund Provided funds for the development and protection of forest reserves and the planting of denuded areas and maintaining the growth of continuous crops of timber in forest reserves First legislative recognition that forests are a crop 1937 Amendment to Forest Act Required slash burning and snag falling in the Vancouver Forest District Growing concern over the future of the province s forests resulted in the province appointing a second Royal Commission on forestry on December 31st, The sole commissioner was the Honourable Gordon McGregor Sloan, Chief Justice of British Columbia. The terms of reference were broad in scope, allowing the Chief Justice to investigate all aspects of forestry. The final comprehensive report of the commissioner profoundly influenced the direction of forestry in B.C. Sloan described the state of the province s forests as being in a slowly descending spiral. He stated that the province must change over from the present system of unmanaged and unregulated liquidation of our forested areas to a planned and regulated policy of forest management, leading eventually to a programme ensuring a sustained yield from all of our productive land area. Commissioner Sloan defined sustained yield as a perpetual yield of wood of commercially usable quality with consequent stability of industrial communities and assurance of permanent payrolls. However, he also understood that the perpetuation of forest cover would provide many direct and indirect benefits such as erosion control, recreational and scenic areas and habitat for wildlife and fish. Key recommendations of the Sloan report include: Fire protection must be greatly increased The rate of planting denuded areas of productive forest land especially on the Coast, must be greatly increased. Logging methods must be regulated to prevent destructive exploitation and to ensure full regeneration of cut-over lands Management plans for individual regional working circles should be formulated and implemented by regulation There must be more intensified research in the practice of silvicultural methods

4 4 Facilities and funds must be provided for extensive forestry research A faculty of forestry should be established at UBC and offer undergraduate and graduate degrees in forestry Statutory recognition for the profession of forestry That another Royal Commission be conducted in 10 years to determine progress on these and other items Sustained Yield Forestry, The Forest Act Amendment Act of 1947 implemented many of the recommendations of the Sloan report Amendment to Forest Act Sale prohibited of land that would find its best economic use under a forest crop Enabled Forest Management Licences the means for implementing sustained yield forestry Companies required to develop management and working plans to ensure a perpetual supply of timber Management and working plans must be approved by province s Chief Forester Requirement for companies to employ at least one fully qualified forester 1947 British Columbia Foresters Act Established forestry as a self-regulating profession Allowed grandparenting of practising foresters with a minimum of 10 years experience, with the agreement of a Board of Examiners 1948 Amendment to Forest Act Tree Farm Licences enabled initially granted in perpetuity (formally known as Forest Management Licences) Farm woodlot initiated A third Royal Commission on forestry was launched by the province in 1955, again led by Chief Justice Sloan, with the final report released in The report noted the rapid growth in the sector over the previous decade and identified the importance of a competitive forest industry to be successful in the international marketplace. This report led to few statutory changes Amendment to Forest Act Legislation governing Tree Farm Licences provided for a term of 21 years, renewable subject to negotiation of terms 1961 Amendment to Forest Act Enabled pulpwood harvesting

5 Amendment to Forest Act Renewals of licences/leases to be in a form authorized by Minister Raised rentals Consent of Minister required for tenure transfer 1967 Amendment to Forest Act slash disposal provisions extended to whole province (previously had only applied to the Coast) 1968 Amendment to Forest Act Timber Sale Harvest Licence introduced to encourage total adoption of close utilization 1970 British Columbia Professional Foresters Act Complete rewrite of 1947 statute Disciplinary provisions included Enables R.P.F. designation 1970 Amendment to Forest Act Enabled the establishment of recreation areas Standardized the cubic measurement of timber throughout the province 1972 Accelerated Reforestation Fund Act A job creation initiative Established a $10,000,000 fund for accelerated reforestation The amount of wood scaled in the province continued to grow, doubling between the early 1950s and 1970s. By the early 1970s the province s sustained yield approach was being challenged by a broad array of interests who felt that other forest values were not being duly considered. On June 12, 1975, a fourth Royal Commission of Forest Resources was appointed, the Commissioner being Dr. P. Pearse. A key charge to the Commission was to formulate recommendations directed towards ensuring that the public interest is protected in the legislation, policy, procedures and practices affecting the allocation and use of forest resources. In particular, to ensure that the full contribution of the forest resources to the economic and social welfare of British Columbians is realized in terms of the diverse commercial and environmental benefits they potentially may generate. The final report was submitted in September, Key recommendations included: No change in the policy of Crown ownership of unalienated forest land Formalization of chart areas as licenced land under Forest Licences and Timber Sale Licences District foresters should be vested with the power to suspend cutting permits Major licensees made responsible for fire planning and stand-by crews 10-year grazing licenses with renewal opportunities Government able to reduce the AAC by not more that 10% upon any five-year renewal

6 6 Timber licensee contracts should enable the ability to regulate other users of public forests, with the licensee s agreement. Development of a harvest optimization model for establishing harvesting limits for timber supply regions Creation of a forest planning regime encompassing all levels from regional plans to sitespecific operational plans, with the Forest Service fully accountable for the approval of forest operations Creation of an interagency consultation planning process Creation of process for engaging the public in forest planning A review of the Forest Service s administrative and organization structure to clarify roles, responsibilities and reporting relationships Decentralization of decision-making authority Integrated Resource Management, Forest Act Replaces act of 1912 Provides for allowable cut increases where licensee carries out approved intensive forest management activities Ensures AAC decisions included social and economic as well as biological factors Provides for a portion of the allowable cut to be set aside for small business enterprises and commits the Crown to providing access to these areas, as well as planning and forest management Reaffirms policy of multiple land use Provides new appeal provisions Provides for the designation of recreation sites and trails Grants Ministry full authority for the coordinated management of all forest resources Provides for consultation with other ministries and agencies so that forest management decisions reflect the concerns of other uses of forest land Provides for public hearings in certain situations Decentralizes decision making 1978 Range Act Replaces Grazing Act of 1919 Grants Ministry full authority for the coordinated management of all range resources Promotes multiple use management of rangelands to realize their full potential for forage production and other values Provides appeal provisions Decentralizes decision making Provides for Crown land tenures of up to 10 years in return for improved multiple use management

7 Ministry of Forests Act Outlines objectives, purposes and functions of the Forest Service as follows: o To encourage the attainment of maximum productivity of the forest and range resources in the Province o To manage, protect and conserve the forest and range resources of the Crown, having regard to the immediate and long term economic and social benefits they may confer on the Province o To plan the use of the forest and range resources of the Crown, so that the production of timber and forage, the harvesting of timber, the grazing of livestock and the realization of fisheries, wildlife, water, outdoor recreational and other natural resource vales are coordinated and integrated, in consultation and cooperation with other ministries and agencies of the Crown and with the private sector o To encourage a vigorous, efficient and world-competitive timber processing industry in the Province, and o To assert the financial interest of the Crown in its forest and range resources in a systematic and equitable manner Commits the Ministry to 5-year forest and range programs as well as a thorough analysis of the province s forest and range resources every 10 years Specifies establishment of a Forest Research Council 1980 Amendment to Forest Act Enabled broad decision-making at District level Allowed authority to issue Timber Sale Licenses over existing tenures 1980 Forest and Range Resource Fund Act Established a multi-year $146 million fund for intensive forest management Based on needs identified in the Ministry s detailed resource analysis and 5-year programs 1982 Forest and Range Resource Fund Eliminated due to provincial budget pressures 1985 Forest Amendment Act Privatized scaling 1985 BC Professional Foresters Act Revised the definition of professional forestry 1986 Forest Stand Management Fund Act Designed to receive revenue from all levels of government as well as the private sector, unions and associations For intensive silviculture

8 Forest Amendment Act (No 1) Enabled designation and management of wilderness areas in the context of a broader land use strategy, as recommended by the Wilderness Advisory Committee Established a new timber pricing regime 1987 Forest Amendment Act (No 2) Established mandatory pre-harvest silvicultural planning Enabled enforcement of silvicultural performance Cost and responsibility for reforestation shifted to companies harvesting timber Shared reforestation responsibility with government for small business licensees but costs borne by these licensees 1988 Forest Amendment Act Enabled increases in volume for competitive timber sales from 7 to 15% of provincial AAC Goal was to make Small Business Forest Enterprise Program a self-financing, profitable program Clarifies ownership of forest roads 1989 Forest Amendment Act Enabled more efficient revenue collection through increased government oversight of timber marking and scaling Enabled contracts between forest licensees and their contractors In 1989 the government established the Forest Resources Commission. This commission, chaired by A.L. (Sandy) Peel, had the following mandated tasks: 1. To provide the Minister of Forests with a comprehensive view of what the forests of BC should represent, taking into account the full range of forest values 2. To inform the Minister on the effectiveness of Tree Farm Licences as a form of tenure 3. To recommend ways to improve public participation in forest planning and management 4. To review and recommend ways of improving forest harvesting practices 1990 Forest Amendment Act (No 1) Made it an offense to spike timber 1990 Forest Amendment Act (No 2) Allowed for the disposition of pulp-quality timber on Tree Farm Licences to holders of Pulpwood Agreements Enabled overlapping Pulpwood Agreements Ensured that non-replaceable licence holders were responsible for reforestation costs Provided for more consistent application of trespass charges Addressed fire hazards in the wildland - urban interface zone

9 Forest Amendment Act (No 3) Enabled extension of timber licenses to protect environmental values Enabled the regulation of forest practices on private land 1990 Range Act Amendment Clarified that Range Act tenures applied only to forage, not an interest in land Confirms compensation for deletions to range tenures 1991 Forest Amendment Act Removed woodlots from major licence category Enabled regulation of contracts between major tenure holders and logging contractors 1991 Range Amendment Act Delegated authority for tenure boundary amendments to Regional Managers Clarified compensation entitlements for improvements lost by tenure holder In April 1991 the report of Forest Resources Commission, The Future of Our Forests, was released. The report included the following vision statement and key recommendations: The forests of British Columbia will provide for the economic, environmental, social and spiritual well-being of all British Columbians through successive generations. The introduction of comprehensive land use planning with full public engagement The creation of a new agency responsible for the land use planning process Movement to more area-based tenures to enable improved resource stewardship Complete inventories for all renewable forest resource values A single all-encompassing code of forest practice be established 1992 Forest Amendment Act Required new AAC determinations for all TSAs and TFLs by 1995, with subsequent determinations on a 5-year cycle Enabled greater efficiency and fairness in the administration of tenures Contained a number of provisions to protect the financial interest of the public 1992 Forest Amendment Act (No 2) Enabled the Ministry to take administrative actions to deal with forest management issues arising from the establishment of study areas under the Protected Areas Strategy 1992 Forest Amendment Act (No 3) Added an authority for Regional and District Managers to regulate, by written order, recreation on an area-specific basis anywhere in provincial forests Enabled Regional and District Managers to assign incompatible uses to different areas, and prohibit uses that damage a recreation resource

10 Range Amendment Act Provided for certain administrative provisions to improve the Crown s ability to manage range resources, such as: provision of forage through the Forest Act s special use permits directly awarded temporary grazing permits reduction of authorized use under grazing tenure to meet commensurability requirements enforcement measures such as partial suspension and cancellation of a tenure, and a monetary penalty for trespass livestock Commissioner on Resources and Environment Act Note: while not legislation under the responsibility of the Ministry of Forests, this statute is included because it moved responsibility for integrated planning from the forest service to an independent commission, and of its impact on resource planning and land management in BC. The commission s mandate was defined as follows: to develop for public and government consideration a British Columbia-wide strategy for land use and related resource and environmental management to facilitate the development and implementation of, and to monitor, regional planning processes to establish land use allocations, community-based participatory processes to consider land use and related resource and environmental management issues, and a dispute resolution system for land use and related resource and environmental issues in the province to work to ensure effective and integrated management of the resources and environment of the province by facilitating the coordination of initiatives within the provincial government and encouraging the participation of aboriginal people in all processes The bill provided for the appointment of a single commissioner, a public officer appointed for a five-year term with the responsibility to independently advise government on land use matters and to directly report to the public where it would be in the public interest to do so. The bill also ensured that the commissioner s work and the participation of aboriginal people will be without prejudice to aboriginal rights and treaty negotiations Foresters Amendment Act Broadened the practice of professional forestry Provided the association with improved disciplinary provisions Clarified the process for laying a complaint against a professional forester Enabled the association to regulate ongoing membership Enabled the Lieutenant-Governor-in-Council to appoint two lay members to the council of the association

11 Forest Amendment Act Makes TFL agreements replaceable on their fifth anniversary Introduced amendments to improve the management and administration of woodlot licences Strengthened controls over the scaling of timber 1993 Forest Amendment Act (No 3) Required the minister s approval of certain types of transfers and provides for a 5 percent reduction in allowable annual cut or harvest volume with these transfers Introduced provisions to permit tenure holders to surrender harvesting rights for temporary periods and for the Crown to allocate the associated timber for sale to other operators Allowed harvesting rights to be reassigned from one Timber Supply Area to another in special circumstances Allowed smaller tenures and short-term licences to be exempted from allowable annual cut reductions initiated by the Chief Forester 1994 Forest Amendment Act Prevented the circumvention of requirements concerning licence transfers Simplified the ministry s appeals system Strengthened of the Chief Forester s ability to require a Tree Farm Licence holder to provide information needed for AAC determinations 1994 Forest Land Reserve Act Designated component of land base as a secure forest land reserve Land available for forest and range-related uses, approved mineral activities, recreation, fish, wildlife and biological diversity and cultural heritage purposes 1994 BC Forest Renewal Act Dedicated revenue from increased stumpage to Forest Renewal BC to renew and enhance all aspects of BC forests and the province s forest economy Prescriptive Forest Management, Forest Practices Code of British Columbia Act Replaced existing forestry and range practices provisions, from a variety of sources, into a comprehensive code of practice Introduced a hierarchical pre-harvest operational planning system that that increased public participation

12 12 Established a clear legal foundation with explicit penalties for non-compliance Made forest operators responsible for damage to previously unidentified resource values such as wildlife habitat, community watersheds, cultural heritage resources, as well as recreational features Established administrative penalties, such as stop work orders, to deal with non-compliance Required that Forest Development Plans, in prescribed circumstances, have joint approval by officials from both the Ministry of Forests and the Ministry of Environment Created a Forest Practices Board with broad powers to investigate public complaints, to oversee a forest audit process, to bring appeals of forest management decisions through the appeal process on behalf of the public, and to report to the public on the administration of the code This statute, in combination with some 20 regulations and 30 guidebooks comprised the Forest Practices Code Forest Practices Code of BC Amendment Act Clarified responsibilities for holders of TFLs and Pulpwood Agreements Protected the financial interest of government with regard to reforestation responsibilities on non-replaceable forest tenures Housekeeping amendments to correct minor oversights and to improve the drafting of the legislation 1995 Forest Amendment Act Extended the deadline for the allowable annual cut determinations under section 7 from December 31, 1995 to December 31, 1996 Facilitated the expansion of the woodlot licence program 1995 Grazing Enhancement Special Account Act established a grazing enhancement special account 1996 Forest Statutes Amendment Act Forest Act Enabled innovative forestry practices agreements aimed at improving forest productivity and increasing jobs Enabled the Regional Manager to increase the allowable annual cut of a licence commensurate with the expected increase in forest productivity due to work undertaken by the licensee

13 13 Forest Practices Code Act Extended the act s transitional regulation-making authority for one year 1996 BC Forest Renewal Amendment Act Gave displaced forest workers first priority hiring on Forest Renewal BC-funded projects 1997 Forest Statutes Amendment Act Reduced the number of operational plans that must be prepared for timber harvesting and related activities from six to three Changed to the preamble in section 41, which deals with approvals of operational plans, to increase recognition of economic factors in code decision-making Harmonized and rationalized review and appeal provisions under the Forest Act and the Range Act with those under the code and consolidated appeals under a single body, the Forest Appeals Commission Amendments to BC Forest Renewal Act enabled FRBC to contract directly with major forest sector firms and other partners 1998 Forest Statutes Amendment Act Enabled community forest pilot agreements 1999 Forest Land Reserve Amendment Act Enabled the establishment of forest management objectives and the regulation of forest practices on private land in the forest land reserve Established the Forest Land Commission as the administering authority for the new regulations Required landowners to submit a management commitment to the chief officer of the commission 1999 Forest Statutes Amendment Act Enabled provisions to pilot improvements to forest practices Allowed the Lieutenant-Governor-in-Council to exempt agreement holders from specific provisions of the code, the Forest Act or the Range Act, once certain conditions were met Conditions included: o public review and comment on the proposed pilot o assurance of protection equivalent to that in the code o a commitment to monitoring and public reporting

14 Range Amendment Act Moved decision-making from regional managers to district managers Expanded the opportunities to direct award agreements in appropriate circumstances Enabled grazing and hay-cutting licence holders to apply to replace their licence in the last year of its term Provides for a new type of agreement called a temporary hay-cutting permit that will be used to increase efficiencies around hay allocation Allowed the district manager to increase the amount of forage that agreement holders can use in a year by up to 10 percent if favourable growing conditions exist Allowed agreements to be awarded, subject to conditions Allowed transfers to be approved after they occur and to impose conditions on those transfers 2000 Regulatory Streamlining Miscellaneous Statutes Amendment Act Amended the Forest Act to streamline timber mark administration and woodlot licence transfers 2000 Protected Areas of British Columbia Act Created 29 new Class A parks and six new ecological reserves Made additions to 13 existing Schedule A, Class A parks Consolidated all parks and ecological reserves in a single statute 2002 Budget Measures Implementation Act Repealed Forest Renewal Act so that revenue that formerly flowed directly to FRBC now flowed into general revenue Note: Government established the Forest Investment Vote in the Ministry of Forests to replace FRBC. Repealed the Grazing Enhancement Special Account Act 2002 Forest Statutes Amendment Act Amendments relating to the small business program allowed timber harvested under the program to be certified by a third party Repealed the provisions of the Forest Act which required the chief forester to maintain an inventory of forest lands (due to the inventory function being transferred to the new Ministry of Sustainable Resource Management)

15 Forest (First Nations Development) Amendment Act Governed how a first nation can be awarded forest tenures Contained provisions relating to the suspension or cancellation of those tenures Results-based Forestry, Forest and Range Practices Act Reduced the number of operational plans from 3 to 1 (Forest Stewardship Plan - FSP) Defined 11 forest values to be protected through a combination of objectives, practice requirements and commitments in FSPs Required FSPs to define measurable, verifiable results or strategies to achieve objectives Contained new powers of intervention to prevent environmental damage Moved many previous Code provisions into the non-legal realm and relied on the judgement of resource professionals to recommend the most appropriate site prescriptions to achieve the required results/outcomes 2002 Forest Statutes Amendment Act (No 2) Contained provisions to transition from the Forest Practices Code to the Forest and Range Practices Act over a two-year period Transferred land use planning provisions to the Minister of Sustainable Resource Management 2002 Agricultural Land Commission Act Repealed substantial provisions of the Forest Land Reserve Act Retained provision for the regulation of forest practices on private forest managed land 2002 College of Applied Biology Act Established applied biology as a self-regulating profession Established three categories of fully qualified practising members: professional biologists, registered biology technologists and applied biology technicians Established a council as the governing body of the college and empowered it to assess the performance of members of the college through audits and practice reviews Contained a disciplinary process

16 Repeal and replacement of Agrologists Act Updated the definition of agrology Updated responsibility of institute to ensure the professional integrity and competency of its members and to protect the public interest in the sustainable use of resources. Updated and clarified the processes for handling both professional and public complaints regarding conduct and competence of a member of the institute Updated penalties for professional misconduct Note: The new Agrologists Act, along with the changes made to the legislation governing the professions of forestry and biology, were intended to ensure that professional associations had the authority to set appropriate standards of competence and conduct for their members and enforcing those standards. This was seen as key to achieving the objective of FRPA a workable, results-based code that reduces the forestry regulatory burden without compromising environmental values Protected Areas Forest Compensation Act Deemed parks, protected areas and ecological reserves to be deleted from applicable forest tenures and timber supply areas on the date those protected areas were created Deemed the deletion of land from the tenure to be a deletion pursuant to section 60 of the Forest Act. This allowed the compensation provisions of that section to apply to those tenures Also deemed any reduction in the allowable annual cut of impacted tenures to be a reduction pursuant to section 60 of the Forest Act 2003 Forest Statutes Amendment Act Converted small business forest enterprise program to the B.C. Timber Sales program Enabled timber sale managers to issue timber sale licences and associated permits and suspend or cancel timber sales agreements or associated road permits Ensured that revenues collected from the timber sales program flow into the timber sale account 2003 Forest Statutes Amendment Act (No 2) Amended the Forest Act to deliver defined forest area management a new model of forest management where specified licensees and B.C. Timber Sales will assume a collective responsibility for timber supply analysis and specified forest health activities within their timber supply areas 2003 Forest Revitalization Act Enabled a take back of 20 percent of the timber volume from renewable tenures in British Columbia

17 17 Intent was to reallocate 50% of the take back to new entrants, including first nations, woodlots and community forests. The other 50% to be reallocated to BC timber sales for competitive sales Established a $2 Million fund to compensate companies whose harvesting rights were impacted Established a $75 million fund to mitigate the effects on forest workers 2003 Forest (Revitalization) Amendment Act Removed minimum cut control requirements Repealed appurtenancy and timber-processing requirements that forced licensees to process timber at specific sawmills Repealed and replace the requirement that licensees must have written consent from the Minister of Forests before tenures can be subdivided or transferred 2003 Foresters Act Repealed and replaced the Foresters Act Strengthened professional accountability provisions Redefined practice of professional forestry Transferred forest technologists into the association Clarified the disciplinary process 2003 Federal Species at Risk Act Note: this statute is included because of its potential to impact forest management decisions in BC. Enabled the established of national lists for endangered, threatened and vulnerable species Defined recovery processes, with specified timelines, for species at risk Defined critical habitat Enabled the federal government to intervene in provinces if inadequate steps were being taken to protect critical habitat 2004 Range Act Allowed forest district managers to specify circumstances and impose conditions as appropriate when awarding range licences Forest district managers allowed to adjust forage levels and to restrict range use Provided the ability for government to issue agreements for treaty-related interim or economic measures

18 Wildfire Act Consolidated existing provisions from other statutes Outlined responsibilities of all forest users with respect to fire use, prevention, control and rehabilitation Prescribed circumstances under which open fires may be permitted Maintained government s right to carry out fire control operations to protect public safety and to act in the public interest Addressed fire preparedness, fire hazard assessment and abatement issues Provided the jurisdiction to government to order people to leave specified areas, to hire temporary employees for fire control operations and to requisition facilities, equipment and personnel 2004 Forests Statutes Amendment Act (No 2) Enabled the specification of an area of Crown land as a mountain pine beetle salvage area Enabled government to specify specific requirements within that salvage area (e.g., to direct harvesting and/or restrict harvesting to priority areas of beetle-killed timber) 2006 Forest and Range Statutes Amendment Act Strengthened the government s ability to inspect and audit business records to verify stumpage revenue owed to government Amend the Forestry Revitalization Act to allow more time to implement timber reallocation (extended deadline from March 31, 2006 to March 2008) Amended the Forest and Range Practices Act to ensure a smooth transition from the former Forest Practices Code by January 1, 2007 Updated the purposes and functions section of the Ministry of Forests Act 2007 Forest and Range Statutes Amendment Act Expanded the damage to environment provisions to apply against any person doing any unauthorized activity that adversely harms an ecosystem Build on government s ability to recover costs and gain compensation for costs and damages from person-caused fires Provided clarity to communities that want to take actions to reduce the risk of interface fires Streamlined the process of awarding new licences to first nations once an enabling agreement has been met Created new measures to facilitate the harvest of mountain pine beetle-killed timber

19 Forests and Range Statutes Amendment Act Amendments to the Wildfire Act clarified obligations for forest operators or other individuals conducting activities in local government boundaries Expanded free use permits to include domestic use by first nations, a right upheld by the Supreme Court of Canada Streamlined the marking of timber transported by water Enabled B.C. Timber Sales to develop a business relationship with a first nation or group to bring more wood to market Updated rules around the forest stewardship plans and their approval, review and replacement 2008 Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act Created new provisions in the Forest Act to encourage the development of the bioenergy sector Allowed government to issue a forest licence directly to successful applicants responding to calls for power from BC Hydro Created the fibre supply licence to cut to provide access to timber that is desirable for bioenergy or other purposes, including piles of waste wood left at roadsides Updated timber scaling requirements to facilitate the measurement of chips and other material to support the bioenergy industry 2009 Forest Amendment Act Eliminated the 5 year probationary period for community forest agreements Allowed for the doubling of the size of woodlots on both the coast and in the interior Enabled the postponement of cutting permits 2010 Zero Net Deforestation Act Intended to reduce greenhouse emissions by creating incentives for voluntary afforestation of deforested land Applies to areas where reforestation is not required Goal is to reach zero net deforestation by Forests and Range (First Nations Woodlot Licence) Statutes Amendment Act Offered a new tenure opportunity for the First Nations Appendix Working Paper No.1, Events Legislation,

20 20 References Royal Commission of Inquiry on Timber and Forestry. Fred J. Fulton, Chairman Public Inquiries Act Report of the Commissioner relating to the Forest Resources of British Columbia. The Honourable Gordon McG. Sloan, Commissioner Public Inquiries Act Report of the Commissioner relating to The Forest Resources of British Columbia. The Honourable Gordon McG. Sloan, Commissioner Report of the Royal Commission on Forest Resources Timber Rights and Forest Policy in British Columbia. Peter H. Pearse, Commissioner Forest Resources Commission The Future of Our Forests. A.L. (Sandy) Peel, Chairman B.K. Plant. Forest Tenure and Management in British Columbia. Legislative Library of British Columbia Background Paper 2009:02/November 2009