Chap 1: Intro to Forest Policy

Question 1

What counts as forest policy? (2)

Answer 1

Commonly: legislation AND formal documentation

Question 2

Focus on crown or private land? (2)

Answer 2

mostly crown, but some sections have private sector info

Question 3

Who sets forest policy? (4)

Answer 3

Government. It has 4 levels: international, federal, provincial, and local government

Question 4

In Canada, which of the 4 govt types controls forest policy? (1)

Answer 4

provincial govt

Question 5

Who is the lead government agency responsible for managing BC’s forest policy? (2-acronym/full name)

Answer 5

MFLNRO = “Ministry of forests, lands, and natural resource operations”

Question 6

what can the federal government control for BC’s forest policy? (5)

Answer 6

1. fisheries (protecting fish habitats)
2. first nations (reserves and land claims)
3. trade and commerce (US-CAD tarrifs)
4. international treaties (biodiversity; climate change)
5. wildlife (share with province for jurisdiction, ie species at risk act)

Question 7

what is international government’s role in forest policy in BC? (3)

Answer 7

climate change and biodiversity treaties will be implemented. A forest treaty in underway.

Question 8

what is the role of regional and municipal governments, and who gives them power? (3)

Answer 8

Provincial govt gives em power through the “Local Government Act” and the “Community Charter”, which have very limited power.

Question 9

This reference guide (Forest Legislation and Policy Reference Guide 2015) focuses on which governments, as these have the most jurisdiction in forest policy? (2)

Answer 9

Provincial govt (main); federal govt (lesser)

Question 10

How is Forest Policy Implemented? =4

Answer 10

one or a combination of 4 instruments: Acts, Regulations (and subordinate legislation), Contracts, administration documents

Question 11

If I want to see how policy and enactments evolved overtime, which Chapter should I look in? (1)

Answer 11

Chap 1

Question 12

When was the Forest Act created?

Answer 12

1912 (107 years ago)

Question 13

What organization did the Forest Act establish 107 years ago (2)? What did this new organization do then (in 1912)? (2, define what they mean)

Answer 13

The “Department of Forestry”, now called the “BC Forest Service”, was created 107 years ago by the Forest Act.

It established 2 things in 1912: “forest reserves”, and “TSL”.

“Forest reserves” are areas set aside that are meant for harvesting (not today!).

A “TSL” is a “Timber Sale Licence”, a type of TENURE that gives a one-type right to harvest a forest reserve.

SOME conservation measures were also in the Forest Act.

Question 14

How many “Royal Commissions” are there (1)? What range of years were they created (2)?

Answer 14

109 years ago-43 years ago (1910-1976).

Question 15

What was the name of the last “Royal Commissions Report”?=1.

What year was it published?=1.

What was so special about the last “Royal Commission” report?=3.

What did the new Ministry do?=4

Answer 15

The name of the last Royal Commissions report is the “Timber Rights and Forest Policy in British Columbia”.

It was published in 1976 (43 years ago).

This is special because it gave birth to 3 new Acts 2 years later (1978), the:
“Ministry of Forests Act”, “Forest Act”, and “Range Act”

The new Ministry did:

1. a forest tenure system facelift.
2. AAC was determined through legit criteria (a passed law called statutory law).
3. Diversity is the name of the game- forests are now used for “integrated use”, not just logging.
4. Gone are the days of randomness- a “strategic forest policy was legislated” so it actually makes more sense now.

Question 16

Was the Forest Act ammended since 1978? Y/N =1

Why was the Forest Act Amended? =2

An example of a new change to tenure? =1

What is the diference bw a FOREST LICENCE and a TENURE? =2

Are most forest license holders TSAs or TFLs?

Can there be more than one forest license holders in one TSA?=1

What is the maximum term for a forest license?

Are forest licenses (FLs) replacable, or non replacable, or both?

What happened to the Forest act when I was 6 years old (1996)? =1

Answer 16

Y

to allow for different types of forest tenures (rights to log), AND so that each tenure has different rules depending on who is logging.

ie. for forest fibre supply LICENCE to cut for fibre supply for bioenergy=First Nations can now log for this or use log waste through an area-based “First Nations Woodlot LICENCE” and special TENURES awarded to First Nations.

Forest license=the right to harvest a set volume of timber on crown land WITHIN a timber supply area (TSA) or a tree farm license area (TFL).

Most are TSAs.

Yes, more than 1 license holder can occupy a TSA.

20 years is the max term for a forest license.

FLs can be BOTH replacable and non-replacable.

The ammendments were cleaned up, making a new baseline for the Forest Act (conglomerated it seems so its all written out nice).

Question 17

Section: Timber Marking

What is timber marking?=1

If your log is timbermarked, what are the 2 rules it has?=2.

How do you get around the above question’s 2 rules?=2

Answer 17

timber marking=when you mark a log with a REGISTERED “TIMBER MARK”, which is linked to a fee (ie. royalties, stumpage, etc).

Rule 1=all logs coming from CROWN AND PRIVATE land must be timbermarked (the rules of which are under the Timber Marking and Regulation Handbook).

Rule 2=no timber can leave the SCALE SITE (aka. “THE HAMMER”) without branded with a timbermark (the rules of which are from the handbook mentioned above)

to get around the 2 rules above, and EXEMPTION must be made.

Question 18

Section: Timber Scaling

What is timber scaling?=1

Unless timber is scaled, what is forbidden?=3

Can special forest products be scaled instead of timber?Y/N=1

Are there special people performing scaling?Y/A=1

Can exceptions be made? Y/N =1

What is the rule book called stating the scaling regulations?=1

What are the 2 things required for a scaler to scale timber?=2

What does scaling allow the government get when scaling happens?=1

Can logs be scaled twice?Y/N =1

Can scalers be examined?Suspended? how about have their licences cancelled?=2

Answer 18

“timber scaling” is the MEASUREMENT and CLASSIFICATION of both CROWN AND PRIVATE land timber, so that the Crown can give it the correct fee for its harvest.

Forbidden are:
1=you can’t manufacture, sell or transport timber out of private land without FIRST being scaled in the scaling site (aka the hammer).
2=the above statement, but for crown land.
3=you can’t sell logs from under water or from the shore of a water body without FIRST being scaled.

Yes, special forest products can be scaled instead of timber.

Yes, licenced professionals do timber scaling.

Yes, exceptions can be made.

The rulebook is called “Scalebook Regulation”, makes sense.

A scaler needs a “scale return (a formal form documenting the logs being scaled)”, and a “scale site authorization (a crown permit stating ‘yes Mr. scaler, you can scale here’”

When scaling happens, scaling costs (as in the stumpage/fee?) can be determined by the crown for those logs being scaled.

Yes, scaling can happen twice.

Yes, scalers can be examined, have their licence suspended, and have their license cancelled.

Question 19

FOREST ACT, PART 7:

Payments to the government (FOR CROWN LAND AND PRIVATE LAND, but most of this section talks of crown land).

Topics: crown charges for crown timber, stumpage payments, and ANNUAL RENT.

Define the 11 REVENUE topics of focus in this module (this isn’t all of them by the way, just what the module covers).=11

1=stumpage
2=minimum stupage rate
3=rate

4=take-or-pay
5=waste billing
6=private land
7=accuracy of information + redetermining stumpage rates 
8=small scale salvage ACCOUNT
9=BCTS ACCOUNT
10=rent

Answer 19

1=stumpage (volume*scale or scale rate)

2=minimum stupage rate (set by regulation as 25 cents/m3 [regulation=Minimum Stumpage Rate Regulation])

3=rates (set by the Minister through policy and procedures in the “Coast Appraisal Manual” and “Interior Appraisal Manual”).

4=take-or-pay (a licensee takes wood for from harvest or pay for the wood it leaves behind in the block. Waste wood =LICENSEE is CHARGED according to CUT CONTROL.

5=waste billing (same as above. Exceptions can happen if it’s unrelated to finances, something happens beyond the control of the licensee, or if the licensee has been relocated by the crown due to forest mgmnt issues such as pest of fire)

6=private land (no royalties or stumpage applies on private land).

7=accuracy of information + redetermining stumpage rates (crusie must be accurate, or STUMPAGE rates may be redetermined. This includes expired stumpage rates.)

8=small scale salvage SUB-ACCOUNT (when doing small scale salvage, this account has FUNDS. This account is part of the “Forest Stand Management Fund”. This money is used to make free growing stands, and to help with admin and development costs.)

9=BCTS ACCOUNT (all bcts revenues goes back to the bcts program, and any surplus goes into the ‘consolidated revenue fund’”.

10=rent (annual rent paid by licensees, the amount found in the Annual Rent Regulation. The rent is only charged AFTER a cutting permit is issued.)

Question 20

FOrest act part 12: reviews, appeals, regulations, and penalties

Who is involved?=2

What do they do?=2

Answer 20

involved parties are: the Ministry and the Cabinet.

They do:

MINISTRY=reviews and appeals while dealing with licensees

CABINET=makes REGULATIONS, and sets the rules on offences, penalties, and timelines

Question 21

Forest Act, Part 12: Reviews, Appeals, REGULATIONS, and Penalties…

this is the REGULATIONS part. THere are 35 regulations relating to part 12… the long version in BC Laws or Quickscribe. some are repealed so check often and see which version applies.

what do the 35 regulations have in common? =2

There are 35 regulations, but this module focuses on 13. Define/give a brief synopsis of these:

1=AAC Administration Regulation

2=AAC Partition Regulation

3=BCTS Regulation

4=Community Tenures Regulation

5=Cut Control Regulation

6=Designated Areas Regulation

7=First Nations Tenures Regulation

8=Forest Licence Regulation

9=Licence to Cut Regulation

10=Timber Definition Regulation

11=Timber harvesting Contract and Subcontract Regulation

12=TFL Management Plan Regulation

13=Woodlot Licence Regulation

Answer 21

in common,, the forest act part 12 divistion 3 contatins how to implement the policies for these 35 regulations. ome are more complex than others.

13 out of the 35 regs defined are:

1=AAC Administration Regulation…says how much AAC is given to a TFL; if a TFL is given up the TSA’s AAC goes up, AAC adjustments when boundaries change; limits AAC reductions from licensees when giving land to someone else (ie. community forest, First nations, BCTS, etc).

2=AAC Partition Regulation… min and max volume allowed to be harvested by TFLs and TSAs, exception rules to axceed harvest limits, penalty rates, licensees who are excempt fro mthese rules.

3=BCTS Regulation (=regs regarding BCTS Enterprises; advertising regs, etc.)

4=Community Tenures Regulation (=deals with COMMUNITY FOREST AGREEMENTS and COMUNITY SALVAGE LICENSES. Basically, a trial run of a community forest needs to happen before one can be established, which includes a probationary period nd pilot trial… and if all goes well, a long-term community forest agreement can be set in place.)

5=Cut Control Regulation (=if a licensee exceeds allowable harvest, they in trouble. The crown made the TImber Sale License (TSL) conversion under the “FOrestry Revitalization Act”, when the corwn took 20% of licensees lands to harvest to allocate to SCTS, which screws them over. Penalties are now held for “excess harvest” and “undercut carry forward” regs.

6=Designated Areas Regulation (Forest Act Part 13 Applies to this, which allows the government to suspend to change forestry authorizations [ie. forests allocated to parks, harvesting, etc.]).

7=First Nations Tenures Regulation (deals with the 3 FN license types: FNWL, DARFL, or DACFA (FN Woodland License, Direct award replaceable forest license, or direct award community forest agreement). THe minister can change the boundary of the FNWL if it better s forest management to make it bigger if the licence isnt suspended and all fees have been paid b y the FN.

8=Forest Licence Regulation (only centain applicans can apply for a forest licence (FL). There are categories of applicants, ie. pellet pruducers and bioenergy producers are one type of applciant. Each producer can have 3 restricted FLs.

9=Licence to Cut Regulation (soem areas aren’t allowed to be cut, but the Minister can grant permission for small to medium size salvage if it’s related to the “Resort Administer Administration Act”, which is basically if it’s due to wildfire, to rehab immature stands killed by MPB, or for historic grasslands restoration.

10=Timber Definition Regulation (the definition of TIMBER, according to the ministry, can include SPECIAL FOREST PRODUCTS (like OSB?).

11=Timber harvesting Contract and Subcontract Regulation (harvesting must be in writing and can be contracted to contractors and sub-contractors, and if work is being contracted out, rules determine whether or nto contracting obligations have been met. THese contract s need to have dispute resolutions enabled. COntracts can be replacable. If the Forest Revitalization Act impacted the licensee, these regs have details of what to do.

12=TFL Management Plan Regulation (AAC for TFLs are set here by CONTENT And TIMING of MANAGEMENT PLANS.

13=Woodlot Licence Regulation (Woodlot licenses are competed for, and requirements and evaluation criteria are set to evaluate who has the best proposal. If won, boundaries are set. Licenses are surrendered sometimes (ie if regs are broken or if time runs out?)

Question 22

Forest act part 8: deals with roads and right of way. D=1

Answer 22

regs for construction and transportign forestry goods. Covers:

• road permits
• road use permits on Crown land
• minister taking private land materials or land to acces timber beyond it… which the minister can do if they pay the private land owner compensation for it

Question 23

Forest Act, part 9: marine log salvage . D=1

Answer 23

regs for log salvage (ie. who has authority and who accepts salvage logs). Vancouver is special; they have their own logs: see the Vancouver Log Salvage District

Question 24

Forest Act, Part 10: Manufacture in BC. D=1

Answer 24

Regs basically say that BC can’t just export all it’s logs to China, etc…. some timber and wood waste needs to be processed in BC INTO SPECIFIC PRODUCTS (unless a company is special and gets an exception somehow…).

Question 25

Forest Act, Part 11: Recovery of Money, Misc. D=1

Answer 25

The govt has lots of ways to collect money owed.

Question 26

Forest Act, Part 11.1: Inspections, Audits, and Assessments.

Who is the Minsitry controlling this?1

What role does this minsitry play in general? =1

What specifics are within their scope of power?

Answer 26

the SMALL BUSINESS AND REVENUE (SBR) OFFICIALS have control of AUDITS, INSPECTIONS, AND ASSESSMENTS for FOREST REVENUE (aka stumpage baing paid is collected).

SBR has control of:

• audits and inspections
• penalties and interest
• disputes and appeals
• authority to estimate stumpage
• assessments

Question 27

Forest Act: Part 13: Designated Areas. D=1

Answer 27

the crown has the power to make Crown land a “designated area:, in which they can stop or reduce forestry in some areas, and/or reduce AAC in TSAs and TFLSs. There used to be a “sunset clause” associated to this, which is now repealed (as of Jan 2006).

Question 28

Forest Act, Part 14: Implementation of the Nisga’a Final Agreement. =1

Answer 28

Beucas of the Nisga’a Final Agreement, these FN got some land allocated to them, and licensees lost harvesting rights. To compensate, the Crown goes into tenure agreements with licensees, contractors, and subcontractors that got screwed over (lost harvestign rights) by this deal.

Question 29

FRPA

= FOrest and Renge Practices Act

= started Jan 2004 (I was 14 in grade 9)

= high environmental standards and streamlining forest operations are a goal by…

= focus is on results based versus methods based (aka the code). This allows for operational flexibility and innovation.

= amendments have been made to FRPA to better reflect policy (spirit and intent), improve implementation, and to get shit right.

= FRPA has “11 PARTS” and “13 REGULATIONS”. Define the following (FRPA Parts=11; Regs=13)

Part 1: definition and interpretations

Part 2=FSPs, SPs, and WLPs

Part 3=Forest Practices

Part 4=Range

Part 5=Protection of Resources

Part 6=Compliance and Enforcement

Part 7=General

Part 8=Forest Practices Board

Part 9=Regulations and Standards

Part 10=Pilot Projects

Part 11=Transition

Now for the 13 Regulations to allow POLICY is UNDERSTOOD and IMPLEMENTED:

Reg 1=FPPR

Reg 2=FPBR

Reg 3=FSRR

Reg 4=GAR

Reg 5=Invasive Plants Regulation

Reg 6=FRecR

Reg 7=Range Planning and Practices Regulation

(Regs (Misc.; not the focus of this module)=
Reg 8=Administrative Orders and Remedies Regulation
Reg9= Administrative Review and Appeal Regulation
Reg10=Fort St. John Pilot Project Regulation
Reg 11=Security of Forest and Range Practices Liabilities Regulation
Reg 12=Transition Regulation (related to the FPC Act and Regulation)
Reg 13=Forest Planning and Practice Regulation Notices-Wildlife Habitat [2 things covered: (i) for species at risk, some stats are needed b ythe forest district; (ii) For ungulate winter range, stats are needed for the TSA and TFL]).

Answer 29

FRPA

= FOrest and Renge Practices Act

= started Jan 2004 (I was 14 in grade 9)

= high environmental standards and streamlining forest operations are a goal by…

= focus is on results based versus methods based (aka the code). This allows for operational flexibility and innovation.

= amendments have been made to FRPA to better reflect policy (spirit and intent), improve implementation, and to get shit right.

= FRPA has “11 PARTS” and “13 REGULATIONS”. Define the following (FRPA Parts=11; Regs=13)

Part 1: definition and interpretations (allows minster to give direction and power to delegates)

Part 2=FSPs, SPs, and WLPs (forest stewardship plan, site plans, and WOODLOT LICENCE PLANS. FSPs and WLPs are in the same category, dealing w invasive species, development units, results and strategies, and stocking requirements. SPs DONT REQUIRE APPROVAL. Goct can inquire about these plans.)

Part 3=Forest Practices (says the DEFAULT STANDARDS needing to be met. FREE GROW rules are in here. ROAD and FOREST HEALTHissues addressed here.)

Part 4=Range (range rules such as use, GRAZING SCHEDULES, and RANGE STEWARDSHIP PLANS)

Part 5=Protection of Resources (RECREATION and TRESPASSING rules here. Says you must manage for rec trails, INVASIVE SPECIES)

Part 6=Compliance and Enforcement(as name suggests. Also covers the CODE. review and appeal is allowed when defending due diligence).

Part 7=General(allows for OBLIGATIONS TO BE DECLARED AS MET and for exceptiosn when shit happens like landslides beyond my control).

Part 8=Forest Practices Board (AUDITORS when they suspect shady shit is happening with licensees, even though they declared due diligence.)

Part 9=Regulations and Standards (gives the CROWN the power to make REGS AND STANDARDS)

Part 10=Pilot Projects (ALLOWS PILOT PROJECTS to start up)

Part 11=Transition (from the COde to FRPA. 2006 is the expiry of “FDPs [forest development plans]”, and in comes FSPs.

Now for the 13 Regulations to allow POLICY is UNDERSTOOD and IMPLEMENTED:

Reg 1=FPPR (Forest Planning and Practices Regulation. APPLIES TO ALL LICENSEES EXCEPT WOODLOT ND RANGE. FSPs are CROWN specific. FOREST HEALTH EMERGENCIES will fall under FRPA and FPPR, ie section 109 which was bark beetle, which is NA now)

Reg 2=FPBR(Forest Practices Board Regulation=board of ppl dealing with AUDITS and THE PUBLIC COMPLAINTS. Accredits auditors. PUNISHES BAD FORESTRY PROFESSIONALS)

Reg 3=FSRR (FOrest Service Use Regulation. ROADS. Speed limits and 2 way radios. DAMAGE TO ROADS dealt here.)

Reg 4=GAR (Government Actions Regulation. Ensures licensees arent gettign screwed over with these GARs; made public.)

Reg 5=Invasive Plants Regulation(FOR LICENSEES AND WOODLOT OWNERS. Report invasives, which are MORE THAN 40, and are MENTIONED IN THE FSP FOR MANAGEMENT.

Reg 6=FRecR (Forest Recreation Regulation. REC rules and ENFORCEMENT).

Reg 7=Range Planning and Practices Regulation (includes RANGE STEWARDSHIP PLANS and RANGE PRACTICES).

(Regs (Misc.; not the focus of this module)=
Reg 8=Administrative Orders and Remedies Regulation
Reg9= Administrative Review and Appeal Regulation
Reg10=Fort St. John Pilot Project Regulation
Reg 11=Security of Forest and Range Practices Liabilities Regulation
Reg 12=Transition Regulation (related to the FPC Act and Regulation)
Reg 13=Forest Planning and Practice Regulation Notices-Wildlife Habitat [2 things covered: (i) for species at risk, some stats are needed b ythe forest district; (ii) For ungulate winter range, stats are needed for the TSA and TFL]).

Question 30

The “Code”.

D=1

Answer 30

D=The “Code” is mostly repealed as of 2004, in which FRPA has taken over most areas . However, some operational activities work within the Code due to a “transition provisions”.