7.0 Interpretive Forest Sites, Recreation Sites, Recreation Trails and Objectives

7.1 Introduction

Establishing objectives for sites and trails is a new requirement under the Act. All sites and trails, including developed sites and trails, formerly managed under the Forest Act, will require the establishment of objectives. Objectives for sites and trails are established to inform the public and other resource users how the recreation and forest interpretation resources will be protected and how use of the area will be managed.

The procedures and responsibilities for establishing sites, trails and objectives replace the long-standing site and trail designation procedures described in Appendix 5 of the Ministry of Forests Recreation Manual. Except for a few minor changes to make the procedures consistent with the Act and ministry re-organization, they remain unchanged.

This chapter contains a description of the legislative requirements respecting sites, trails and objectives, as well as policy that the chief forester has decided to consider and procedures that the chief forester has decided to follow when establishing a site or trail. It also contains information and recommended procedures for consideration by district managers who have been delegated the authority to establish objectives for sites and trails. Any legislative requirements are presented at the beginning of each chapter and are referenced during the discussion of policy and procedures where they are relevant.

Policy defined

Policy, as presented in this document, deals with fundamental principles and matters that are considered before decisions are made. Policy assists the decision-maker to structure his or her thinking in order to reach a decision. Generally, policy is not binding on the decision-maker given the discretionary nature of his or her statutory powers.

Procedure defined

Procedures, on the other hand, deal with process – the steps to be followed prior to making a decision or to implementing the decision once it is made. In general, decision-makers and support staff should consistently follow the procedures presented here.

7.2 Legislative Reference

6. (1) In accordance with the regulations the chief forester, by written order, may establish Crown land as an interpretive forest site, recreation site or recreation trail, if the land is

(a) within a timber supply area, or

(b) subject to a tree farm licence, woodlot licence or timber licence, and may vary or cancel an establishment under this subsection.

Other sections of the acts and regulations relevant to this document are:

Section 7 of the Act authorizing the minister to develop, maintain, repair or close a site or trail if the area has been established under section 6 of the Act.

Section 8 of the Strategic Planning Regulation (SPR) identifying the requirements for notifying the public when establishing a site, trail or objectives.

Section 105 of the Act and Part 2 of the Forest Recreation Regulation dealing with non-recreational use of a site or trail and recreational use of Crown land.

Parts 4 and 5 of the Forest Recreation Regulation dealing with the use of sites, trails and wilderness areas.

7.3 The Basis for Chief Forester Policy and Procedures

7.4 Planning for Sites or Trails

7.4.1 Introduction

7.4.2 Chief Forester Policy

Consistency

• Normally, sites or trails will be consistent with the following higher level plans (where they exist):
  – plans declared by the Lieutenant Governor in Council or the ministers
  – 4(c) plans
  – resource management zones
  – landscape units
  – sensitive areas.

Higher level plan not required

• Sites or trails may be established in the absence of the above or other higher level plans.

Guidance where no higher level plan

• In the absence of higher level plans, the establishment of sites or trails will normally be guided by district recreation and forest interpretation plans, where they exist.

Recreation inventory, site evaluation and referral to be used

• The recreation inventory and the evaluation form for recreation project clearance, designation, rehabilitation or development (FS 261) have been long-standing tools used by the ministry to identify public recreation and forest interpretation values and opportunities on Crown forest land. These tools, combined with the referral process, will continue to guide the ministry in the establishment of sites or trails.

7.5 Links to Operational Plans

7.5.1 Chief Forester – Policy

Operational plans for sites and trails

• Operational plans for sites and trails are not identified in the Act because government has the sole responsibility for preparing them. Requirements to prepare operational plans for sites and trails will be established in ministry policy and procedures.

Recreation management must be consistent with objectives

• Site and trail objectives play a key role in the development and management of a site or trail. The design and construction of a site or trail should be consistent with the objectives. The objectives will also guide maintenance, rehabilitation and visitor management activities for a site or trail.

Forest practices must be consistent with objectives

• Operational plans must describe the measures that will be taken to ensure proposed forest practices are consistent with site and trail objectives. For more information on how forest practices can be designed to ensure consistency with site and trail objectives, see the forest recreation section of the Forest Development Plan, Silviculture Plan, Logging Plan and Range Management guidebooks.

Operational plans in effect

• An operational plan in effect at the time a site or trail and objectives are established is not affected by the establishment of the higher level plan. The operational plan continues to guide on-the-ground operations and does not have to be amended because the higher level plan is established. However, the next operational plan must be consistent with the site or trail objectives before it can be approved.

Phase-in

• In order to ensure continuity of forest practices outlined in an operational plan, the district manager may include phase-in provisions for site and trail objectives.

Timing

• Where possible, the district manager should ensure that the date the site or trail objectives come into effect coincides with the operational plan development, review and approval cycle.

Agreement holder consent

• Agreement holders' consent is required if the establishment of a site or trail adversely affects their rights. Consequently, there is normally sufficient time and opportunity to design forest practices that will ultimately be consistent with the general intent of the site or trail.

7.6 Establishing Sites and Trails

7.6.1 Introduction

The management goal of each site and trail should be to provide an overall condition of safety, sanitation, social acceptability and environmental soundness that complements the facilities and recreation programs of other agencies and the private sector.

Prior to the Code, the procedures and responsibilities for establishing a recreation map notation (for Crown land within a provincial forest) or Land Act map reserve (for Crown land outside a provincial forest) were set out in Appendix 5 of the Ministry of Forests Recreation Manual. These procedures and responsibilities have been updated to reflect the recent changes brought about by the Act and ministry re-organization and are included in Appendix 10 of this document.

Sections 7.6 through 7.11 deal with establishing new sites, trails and objectives under the Code. However, many sites and trails were formerly identified and managed under the Forest Act. Section 7.12 deals with establishing these sites and trails.

7.6.2 Chief Forester Policy

Section 6 to be used

• In order to be consistent with the intent of section 7 of the Act, sites and trails will normally be established under section 6 of the Act prior to any development.

• In order to protect recreation resources, a site or trail may be established under section 6 of the Act.

7.6.3 Chief Forester Procedures

Map notation or reserve to be established

• To ensure that standard mapping, clearance and status procedures have been followed and that the area is identified on the forest management atlas, the district manager is requested to ensure that a map notation or a map reserve is established prior to a site or trail being established under section 6 of the Act (see status and clearance procedures outlined in Appendix 10 of this document).

Agreement holder consent

• The district manager is requested to ensure that consent from an agreement holder is obtained during the map notation/reserve referral process if establishing a site or trail adversely affects the rights of their agreement.

Two ways to establish

• Normally, the chief forester will establish sites and trails in one of two ways. Generally, for efficient implementation, requests to establish sites and trails submitted from district managers will be collated by the director, Range, Recreation and Forest Practices Branch and presented to the chief forester in batches. However, in special circumstances, an individual site or trail may be presented to the chief forester for consideration.

7.7 Establishing Objectives for Sites and Trails

7.7.1 Legislative Reference

6. (3) If the chief forester establishes an area under subsection (1), the chief forester must establish objectives for the area, in accordance with the regulations, within 6 months of the designation.

(5) The chief forester may delegate in writing to an employee of the Ministry of Forests, the chief forester's authority to establish, vary or cancel an objective and may limit or cancel the delegation.

Section 1(1) of the Act defines the concept of higher level plan to include:

(e) an objective for a recreation site, recreation trail or interpretive forest site

7.7.2 Introduction

Objectives for a site or trail clarify how the area will be managed. They provide the broader strategic direction for operational plans and for managing the site or trail.

The chief forester has delegated authority to establish site and trail objectives to the district manager (see section 7.7.3). The chief forester cannot give direction to the district manager on the exercise of this delegated authority. However, the district manager may wish to consider the chief forester's policy and procedures for establishing sites and trails when establishing objectives. These policies and procedures are generally appropriate for establishing either the site or trail, or the objectives.

It is anticipated that objectives for recreation sites and recreation trails will clarify how recreation and non-recreation uses will be regulated in order to protect the recreation resource and manage recreation use.

It is also anticipated that objectives for interpretive forest sites will clarify how the public will be involved in discussing forest resources and their management, including demonstrating representative forest practices.

In order to ensure that the objectives for sites and trails are expressed in a consistent and standard manner, and that the objectives are measurable to enable monitoring and evaluation of success in achieving objectives, the district manager may wish to consider expressing objectives in the following terms:

• Recreation experience objectives: to provide opportunities for [enter recreation opportunity spectrum class] recreation experiences. See the Recreation Inventory, Standards and Procedures Manual for a complete description of ROS classes.

• Recreation feature objective: to [enter level of protection (e.g., maintain, retain, protect)] the [enter recreation feature code]. See the Recreation Inventory, Standards and Procedures Manual for a complete list of recreation feature codes.

• Recreation activity objective: to provide opportunities for [enter recreation activity code]. See the Recreation Inventory, Standards and Procedures Manual for a complete list of recreation activity codes.

• Public recreation access objective: to maintain [enter level/type of public access] access to the site or trail.

• Forest interpretation objective: to provide [enter message/theme] forest interpretation and education opportunities. See draft Forest Interpretation Policy for information on forest interpretation messages, audience and media.

7.7.3 Chief Forester Policy

Delegation

• The chief forester delegates to the district manager the responsibility to establish, vary or cancel objectives for sites and trails.

Timing with objectives

• The chief forester will establish a site or trail at the same time the objectives for the site or trail are established, where possible, if to do so would:
  – provide a clearer understanding of the purpose of the site or trail
  – expedite the referral process.

7.8 Varying or Cancelling Sites, Trails or Objectives

7.8.1 Chief Forester Policy

Same procedures

• The same procedures as outlined for establishing sites, trails and objectives apply when varying or cancelling them.

Consistency

• As stated, 4(c) plans and TFL management plans must be consistent with site and trail objectives. However, if these plans produce information that warrants a variation to a site or trail objective, the district manager should consider varying the site or trail objective.

Scheduled review

• Normally, sites, trails and objectives will be reviewed at least every 10 years and amended or cancelled to reflect changing conditions and other higher level plans.

Varying sites, trails and objectives

• When varying a site, trail or objective, the new order should incorporate the unvaried content of the earlier order to avoid any confusion that may result from having several orders for the same site or trail. The original order should be cancelled.

7.9 Preparing and Advertising the Draft Order to Establish a Site, Trail or Objective

7.9.1 Legislative Reference

6. (2) Before establishing, varying or cancelling an area under subsection (1), the chief forester must obtain the consent of the holder of

(a) a cutting permit, free use permit, Christmas tree permit, road permit, timber licence, timber sale licence, licence to cut, silviculture prescription or stand management prescription, or

(b) an interest issued or granted under the Land Act,

if the holder's rights under the permit, licence, prescription or interest would be adversely affected by the establishment, variation or cancellation.

7.9.2 Introduction

The Act and SPR do not require advertisement for public review and comment when proposing to establish sites, trails and objectives. The reasons for this are:

• management direction for a developed site or trail formerly managed under the Forest Act is not expected to change significantly when it is established under the Act with objectives

• opportunity for public review and comment would have already been provided, at the map notation/reserve stage, for new sites and trails

• opportunity for public review and comment would have already been provided, as part of the planning process, for those sites and trails that are guided by another higher level plan.

The Act does however require the consent of agreement holders when establishing a site or trail may adversely affect the rights of their agreement.

The following policy and procedures deal with advertising the proposed establishment of a site or trail (Figure 6). They are equally effective for advertising the proposed establishment of objectives for a site or trail. The district manager may wish to consider using the same policy and procedures for advertising proposed objectives.

7.9.3 Chief Forester Policy

For public review and comment, the district manager should advertise the proposed establishment of a site or trail in the following cases:

• if a request for consent from agreement holders to establish a site or trail was not addressed at the map notation or reserve stage

• current management direction for a developed site or trail formerly managed under the Forest Act is expected to change significantly when established under the Act

• proposed management direction for a map notation or reserve is expected to change significantly when the area is established as a site or trail under the Act.

7.9.4 Chief Forester Procedures

The district manager is requested to:

• Prepare a draft order stating:

– that the establishment of a site or trail is proposed
– the location of the proposed site or trail
– the recommended objectives
– the proposed date the order takes effect.

See Appendix 6 for sample advertisement of proposed site, trail or objective.

The draft order will include a request for comments, including any consent required under the Act, within 60 days. If no reply is received, the order may proceed.

• In accordance with section 6(2) of the Act, refer the draft order of the proposed site or trail to holders of certain permits, licences and prescriptions under the Forest Act, and any interests issued under the Land Act, requesting their written consent to establish the site or trail. Ensure that consent from an agreement holder is obtained if establishing a site or trail adversely affects the rights of their agreement.

• In addition, refer the draft order to:
  – appropriate agencies
  – interested recreation groups or organizations.

7.10 Preparing and Publishing the Notice of Impending Order

7.10.1 Legislative Reference

Strategic Planning Regulation

8. (1) When establishing, varying or cancelling an interpretive forest site, recreation site or recreation trail or objective under section 6 of the Act, the chief forester must publish in the Gazette and in a newspaper a notice stating

(a) that an interpretive forest site, recreation site or recreation trail or objective is to be established, varied or cancelled under section 6 of the Act,

(b) the location of the interpretive forest site, recreation site or recreation trail

(i) that is to be established, varied or cancelled, or

(ii to which the objective to be established, varied or cancelled relates,

(2) Despite subsection (1), the notice required by that subsection need not be published if the chief forester is of the opinion that the establishment, variance, or cancellation of the interpretive forest site, recreation site or recreation trail or objective does not significantly affect the public.

9. If the requirement for a notice has been waived under section 3(3), 6(3) or 8(2), the establishment, variance or cancellation of the zone, unit, site, trail or objective must be included in the ministry annual report for the year in which the establishment, variance or cancellation took place.

7.10.2 Introduction

7.10.3 Chief Forester Policy

Notice required

• Except in cases where management direction for a site or trail formerly managed under the Forest Act remains relatively unchanged or another higher level plan provides direction on establishing a site or trail, a notice of impending order concerning the establishment of a site or trail will generally be required by the district manager.

7.10.4 Chief Forester Procedures

The district manager is requested to:

Preparation

• In accordance with SPR section 8(1), prepare a notice of impending order for the chief forester for publication in the Gazette and in a local newspaper (see Appendix 7 for sample format).

Notify director

• Send the notice of impending order to establish the site or trail to the director, Range, Recreation and Forest Practices Branch.

Include agreement holder's consent

• Attach a summary of the agreement holders that may be adversely affected by the proposed site or trail and letters of consent from them.

Include opinion if notice to be waived

• If the establishment of the site or trail does not significantly affect the public, attach a memo outlining why the district manager believes this to be the case.

The director, Range, Recreation and Forest Practices Branch is requested to:

Collate notices

• Collate the notices of impending order to establish sites, trails and objectives that have been submitted from the district managers and prepare a presentation to the chief forester.

The chief forester is requested to:

Confirm consent, review orders

• Ensure that consent from agreement holders adversely affected has been obtained, review the orders, make changes if necessary and sign the orders establishing the sites or trails.

  The district manager's summary of the agreement holders that may be adversely affected by the proposed site or trail and the letters of consent from them will be considered by the chief forester.

Make determination

• Determine if any of the notices of impending order should be published.

  The district manager's rationale, explaining why the district manager is of the opinion that the establishment of the site or trail does not significantly affect the public, will be considered by the chief forester.

The director Range, Recreation and Forest Practices Branch is requested to:

Impending order not required

• In accordance with SPR section 9, if the chief forester determined that publication of a notice of impending order was not required, summarize this information for inclusion in the ministry annual report for the year in which the changes took place.

File order

• File a copy of the order with the regional manager and forward a copy of the order to:
  – the district manager
  – the directors of Resources Inventory Branch and Resource Tenures and Engineering Branch to update and maintain the inventory system and the forest management atlas (Crown land inside Provincial forests)
  – Ministry of Environment, Lands and Parks to update and maintain the management atlas (Crown land outside Provincial forests).

Impending order required

• If the chief forester determined that publication of a notice of impending order was required, file a copy of the order with the regional manager and forward a copy of the order to:
  – the district manager
  – the Queen's Printer for publication in the Gazette
  – the directors of Resources Inventory Branch and Resource Tenures and Engineering Branch to update and maintain the inventory system and the forest management atlas
  – Ministry of Environment, Lands and Parks to update and maintain the management atlas.

The district manager is requested to:

Copy to local newspapers

• If the chief forester determined that publication of a notice of impending order was required, forward a copy of the notice of impending order to at least one local newspaper for publication.

Update FTAS

• Update the recreation inventory and Forest Tenure Administration System (FTAS).

7.11 Making Information Available to the Public

7.11.1 Legislative Reference

8. (1) When establishing, varying or cancelling an interpretive forest site, recreation site or recreation trail or objective under section 6 of the Act, the chief forester must publish in the Gazette and in a newspaper a notice stating

(c) that the following are available at the ministry regional office and district office:

(i) a copy of the order establishing, varying or cancelling the site, trail or objective;

(ii) in the case of an interpretive forest site, recreation site or recreation trail, a copy of the objectives for the site or trail;

(iii) a map showing the location and boundaries of the interpretive forest site, recreation site or recreation trail

(A) that is to be established, varied or cancelled, or

(B) to which the objective to be established, varied or cancelled relates, and

(d) the date the proposed order takes effect.

7.11.2 Introduction

7.11.3 Chief Forester Procedures

Information to be available

• The regional manager and district manager will normally make availabl for viewing at the region and district office for a period of 60 days. After 60 days, this information should be available upon request.
  – an information backgrounder explaining the rationale for establishing the site or trail
  – a copy of the order and a map showing the boundary of the site or trail
  – a summary of any revisions made to the site or trail as a result of review and comment.

7.12 Sites and Trails Formerly Managed Under the Forest Act

7.12.1 Introduction

The remaining developed sites and trails were not designated under the Forest Act. However, most have undergone a status and clearance to establish either a map notation or a map reserve.

In addition to the developed sites and trails, there are approximately 3000 nondeveloped areas that are either dispersed use locations that are not yet developed as sites or trails, or areas identified to protect the recreation resource or to provide for future public recreation or forest interpretation development. Most of these areas have been statused, cleared and have a map notation or reserve in place. Some of these areas were designated under the Forest Act and have been rolled over as established sites and trails under section 6 of the Act.

7.12.2 Chief Forester Policy

Section 6 to be used

• In order to be consistent with the intent of section 7 of the Act and to be able to enforce section 105 (1) of the Act and Part 4 of the Forest Recreation Regulation, developed sites and trails not designated under the Forest Act will normally be established under section 6 of the Act.

Establishment to precede development

• Prior to the development of a site or trail the area will normally be established as a site or trail under section 6 of the Act.

• In order to protect recreation resources, nondeveloped areas may be established as a site or trail under section 6 of the Act.

7.12.3 Chief Forester Procedures

The district manager is requested to:

• Develop an overall strategy and time-frame for phasing in the establishment of sites and trails formerly managed under the Forest Act. It should recognize that priority for establishing a site or trail will be based on the following:

  – damage to the environment
  – risk to public safety
  – conflicting recreation uses
  – conflicting non-recreation uses
  – any other matters that affect the urgency for establishing a site or trail.

• Assess the non-designated sites and trails in the district against the above criteria and priorize them high, medium and low.

• Phase-in the establishment of non-designated sites or trails as follows:

  – before June 1996: non-designated sites and trails ranked high
  – before December 1996: non-designated sites and trails ranked medium
  – before June 1997: non-designated sites and trails ranked low.