Forest Act and FRPA Flashcards
Who sets forest policy?
Can be established by the 4 different levels of gov’t
International
Federal
Provincial
Local (regional or municipal)
But primarily with provincial gov’t (MFLRNO in bc)
What ways can forest policy be implemented?
1 Acts
2 Contracts
3 Regulations
4 Admin documents
Who can implement acts and what are some general reasons
Who: federal parliament or provincial legislature
Why: broadest expression of gov’t policy. Necessary to create foundation for establishing other types of instruments (regulations, contracts, admin docs)
Limitations: subject to debate And vote, not conducive to detail
Who implements regulations? Why ?
Who: cabinet. Mostly lieutenant governor in council
Why: easier than acts to create, good way to cover off detail and rules that may change frequently
Limitations: Minister may not have cabinet approval.
Who can implement contracts. What are some benefits to this for of policy enforcement?
Who: appropriate government officials (Cabinet such as governor general in council.)
Why: flexibility to tailor contract to specific sites and licensees, generally do not require approval, gives gov’t contractual remedy.
Limited by administrative burden of thousands of documents and certain groups complaining about lack of input in some cases.
What is the purpose of admin documents? Who can deliver them.
Who: ministry executive or employees
Purpose: fills in gaps left by acts, regs and contracts.
examples: cruising, engineering, inventory and scaling manuals.
Are SPs voluntary?
No, they must be produced by qualified professionals to identify how intended results and strategies apply to the site being harvested.
Can an SP be amended without DM approval? *
Yes but only if the plan continues to meet the content requirements and intended results or strategies have not been materially changed. A copy must still be sent to the DM.
An example would be the identification of declared areas
What are the 2 types of admin documents
Admin Policies: Aboriginal rights and title or evaluation and award of licenses
Procedures: Manuals like scaling, cruising, R&W and inventory
What was the importance of the forest act when first enacted in 1912?
created forest reserves (areas officially designated for timber harvesting)
Act introduced the TSL, granting a one time right to harvest a specific land
Importance of MOF Act, Forest Act, and Range Act introduced in 1978?
Ministry charged with duty of managing forests for integrated use
strategic approach to forest policy was legislated
AACs for TSAs were to be determined in order to achieve sustained yield
Tenure system overhauled
2 golden rules of log transport with respect to timber marking **
- no timber to be removed from crown or private land without first receiving a timber mark in accordance with regulations
- no timber to be removed from a scale site without first receiving a scaled timber mark in accordance with regulations
Forest Act also enforces scaling by: **
prohibiting manufacture, sale or transport (other than to the scaling site) of:
Timber from private land
Timber from crown land that is required to be scaled
Timber salvaged from foreshore
Allows special forest products to be scaled
Specifies who is to perform scales
What are the key responsibilities of C and E? **
Ensure public health / safety are not compromised
Ensure standards are met under legislation for natural resource management by the gov’t, licensed users, and the public.
Ensure statutory obligations that govern appraisal, removal of timber, scaling, timber marking, marine log salvage etc are being followed
Detect criminal offenses (Files may be transferred to the C.O. or police.
