Higher Level Plans: Policy and Procedures

3.0 Plans Declared by Cabinet or the Ministers

3.1 Introduction

The following information and recommended procedures are based on current experience and are for the consideration of agency staff who are responsible for submitting plans to the Lieutenant Governor in Council or the ministers for declaration as higher level plans.

The Lieutenant Governor in Council or the ministers may declare a plan or agreement under the Forest Practices Code of British Columbia Act or any other Act as a higher level plan. Based on current experience, regional land use plans and land and resource management plans (LRMPs) are examples of plans that the Lieutenant Governor in Council or the ministers may choose to declare as higher level plans. The declaration may apply to all of the plan or to clearly specified portions of the plan.
An evaluation of the content of plans already declared reveals useful information on the characteristics of these types of higher level plans. In summary these plans:

– are broad in scope – both in the large geographical areas they cover and in the direction they provide.
– present direction primarily in the form of land use zoning that includes mapped zones with distinct names for each zone, and objectives often included with strategies for achieving the objectives.
– are derived from plans that are first approved by Cabinet as government's overall policy for using the lands and resources of the area before specific, appropriate portions are excerpted for declaration as a higher level plan. For example, the initial plan may include zones for protected areas, such as parks, and other zones where development activities, such as timber production, are a priority. After the approval of the plan as government's policy, the zones for protected areas will be implemented primarily through the Park Act. In zones geared towards resource development, declaration as a higher level plan under the Forest Practices Code of British Columbia Act will be an important aspect of implementation.
– do not include details that are more appropriately dealt with at a landscape unit, sensitive area or operational plan level. For example, determining areas or zones where biodiversity is a priority and even assigning biodiversity emphasis options is appropriate. Laying out forest ecosystem networks and assigning specific seral stage distribution objectives is better left to landscape unit planning, and detailed discussion on wildlife tree distribution is best dealt with in operational plans.
– present forest practices in the form of strategies to achieve the broadly stated objectives. These practices normally provide a broad range of activities that give plenty of room for adaptation and innovation at an operational level.
Agency staff should consider whether any plan or agreement submitted in whole or in part to the Lieutenant Governor in Council or the ministers for declaration as a higher level plan adheres to the following criteria for process and content:

– an appropriate social, economic and environmental assessment of all forest values has been made
– the public and First Nations have been consulted
– an interagency review has been conducted
– zones and objectives are included in the document as the basis for direction to operational planning
– if the plan or agreement is an interim document or focuses on a portion of a larger area where an LRMP is proposed or underway, the management direction in the plan or agreement describes how it will be subsequently integrated with the proposed or ongoing LRMP process.
Generally, plans prepared using the guidelines provided by the document Land and Resource Management Planning: A Statement of Principles and Process will meet these criteria.

3.2 Legislative Reference

Section 1(1) of the Forest Practices Code of British Columbia Act defines the concept of higher level plan to include:

(f) a plan or agreement declared to be a higher level plan by

(i) the ministers, or

(ii) the Lieutenant Governor in Council under this or any other Act;

Also see section 3(1) and section 3(3) on page 28 of this document.

3.3 Links to Operational Plans

Plan components that constitute higher level plan: The plan document that is the source of the material that the Lieutenant Governor in Council or the ministers declare as a higher level plan may frequently contain direction on issues (e.g., transition or policy development) and resources (e.g., minerals or land set aside for urban development) that have no effect on on-the-ground operations that are subject to the Code. The higher level plan declaration should confirm that it is only the elements of the plan that affect on-the-ground operations that actually constitute the higher level plan.

Plan contents to be sound and achievable
Ministry staff involved in the preparation of LRMPs or regional plans that may be declared as higher level plans should ensure that the management objectives and strategies, as well as specified implementation dates, are technically sound and achievable. Once a plan is declared as a higher level plan, operational plans pertaining to the same area can only be approved if they are consistent with that higher level plan.

Operational plans in effect

An operational plan in effect at the time that a higher level plan is established is not affected by the declaration of the higher level plan; the operation plan continues to guide operations on the ground and does not have to be amended because the higher level plan is declared. However, after the higher level plan is declared, the next operational plan or amendment prepared must be consistent with the higher level plan before the new operational plan can be approved.

Phase-in provisions

To ensure continuity of operational plan activity, staff should ensure that a plan proposed for declaration as a higher level plan includes phase-in provisions. These provisions should allow a smooth transition from the operational plans in effect at the time the higher level plan is declared to the new operational plans that will be consistent with the higher level plan. These phase-in provisions could deal with setting target dates for implementing individual objectives.

Timing

Staff also should ensure that the date the higher level plan comes into effect meshes smoothly with the operational plan development, review and approval cycle.

Operations affected by phase-in

It is recommended standard practice to design the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria existing prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Plan contents to be sound and achievable: Ministry staff involved in the preparation of LRMPs or regional plans that may be declared as higher level plans should ensure that the management objectives and strategies, as well as specified implementation dates, are technically sound and achievable. Once a plan is declared as a higher level plan, operational plans pertaining to the same area can only be approved if they are consistent with that higher level plan.

Operational plans in effect

An operational plan in effect at the time that a higher level plan is established is not affected by the declaration of the higher level plan; the operation plan continues to guide operations on the ground and does not have to be amended because the higher level plan is declared. However, after the higher level plan is declared, the next operational plan or amendment prepared must be consistent with the higher level plan before the new operational plan can be approved.

Phase-in provisions

To ensure continuity of operational plan activity, staff should ensure that a plan proposed for declaration as a higher level plan includes phase-in provisions. These provisions should allow a smooth transition from the operational plans in effect at the time the higher level plan is declared to the new operational plans that will be consistent with the higher level plan. These phase-in provisions could deal with setting target dates for implementing individual objectives.

Timing

Staff also should ensure that the date the higher level plan comes into effect meshes smoothly with the operational plan development, review and approval cycle.

Operations affected by phase-in

It is recommended standard practice to design the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria existing prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Operational plans in effect: An operational plan in effect at the time that a higher level plan is established is not affected by the declaration of the higher level plan; the operation plan continues to guide operations on the ground and does not have to be amended because the higher level plan is declared. However, after the higher level plan is declared, the next operational plan or amendment prepared must be consistent with the higher level plan before the new operational plan can be approved.

Phase-in provisions

To ensure continuity of operational plan activity, staff should ensure that a plan proposed for declaration as a higher level plan includes phase-in provisions. These provisions should allow a smooth transition from the operational plans in effect at the time the higher level plan is declared to the new operational plans that will be consistent with the higher level plan. These phase-in provisions could deal with setting target dates for implementing individual objectives.

Timing

Staff also should ensure that the date the higher level plan comes into effect meshes smoothly with the operational plan development, review and approval cycle.

Operations affected by phase-in

It is recommended standard practice to design the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria existing prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Phase-in provisions: To ensure continuity of operational plan activity, staff should ensure that a plan proposed for declaration as a higher level plan includes phase-in provisions. These provisions should allow a smooth transition from the operational plans in effect at the time the higher level plan is declared to the new operational plans that will be consistent with the higher level plan. These phase-in provisions could deal with setting target dates for implementing individual objectives.

Timing

Staff also should ensure that the date the higher level plan comes into effect meshes smoothly with the operational plan development, review and approval cycle.

Operations affected by phase-in

It is recommended standard practice to design the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria existing prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Timing: Staff also should ensure that the date the higher level plan comes into effect meshes smoothly with the operational plan development, review and approval cycle.

Operations affected by phase-in

It is recommended standard practice to design the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria existing prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Operations affected by phase-in: It is recommended standard practice to design the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria existing prior to the higher level plan.

Accomplishing phase-in

The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Accomplishing phase-in: The approach to phase-in expressed in the previous point may be accomplished by designing the declaration of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

Involve agreement holders

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.
Involve agreement holders: Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the plan to be declared as a higher level plan. Therefore, they usually have ample time and opportunity to begin to design forest practices that will ultimately be consistent with the general intent of the proposed higher level plan.

3.4 Relationship to Other Higher Level Plans

Consistent: Normally, all other higher level plans are consistent with higher level plans declared by the Lieutenant Governor in Council or the ministers.

Directions to chief forester

Directions from the Lieutenant Governor in Council or the ministers to the chief forester on the establishment of a resource management zone or objectives as per section 3(1) and 3(3) also may be articulated in an LRMP or regional plan (see chapter 4, Resource Management Zones and Objectives).
Directions to chief forester: Directions from the Lieutenant Governor in Council or the ministers to the chief forester on the establishment of a resource management zone or objectives as per section 3(1) and 3(3) also may be articulated in an LRMP or regional plan (see chapter 4, Resource Management Zones and Objectives).

3.5 Higher Level Plan Declaration

Two options: There are two options for higher level plan declaration. The first option involves the Lieutenant Governor in Council as the declaration authority. The second option, which has been used most often, involves the ministers as the declaration authority. A working model for the second option follows:

– The declaration of the plan as a higher level plan occurs either after the plan is approved or concurrent with plan approval.
– The ministers may elect to bring the plan proposed for declaration to their Cabinet colleagues for comment.
– In the latter case, the ministers decide whether to declare the plan as a higher level plan after considering any comments that their Cabinet colleagues may provide.

3.6 Preparing Material for Higher Level Plan Declaration

Procedures to be followed: To ensure consistency in how higher level plans are declared, the following procedures are recommended to agency staff responsible for submitting plans to the Lieutenant Governor in Council or the ministers for declaration as higher level plans.

Director to prepare

The director of Range, Recreation and Forest Practices Branch usually will be the most appropriate official to prepare the material referenced in the following sections.
Director to prepare: The director of Range, Recreation and Forest Practices Branch usually will be the most appropriate official to prepare the material referenced in the following sections.

3.6.1 Recommendation to Declare Higher Level Plan

Consult chief forester: Staff making recommendations to the Lieutenant Governor in Council or the ministers should obtain the advice of the chief forester regarding the plan's declaration as a higher level plan. This advice should be obtained to ensure that the plan or portions of the plan to be declared are consistent with all aspects of the Forest Practices Code and with provincial objectives respecting forest management.

3.6.2 Preparing and Filing the Order

Documentation: Ensure that the decision to declare the plan as a higher level plan is documented in the form of a written order. Include in the order the date that the plan will take effect, and the details of what is being declared a higher level plan, if only a portion of the plan is being declared.

Timing

The declaration, variation or cancellation of the higher level plan should take effect at least six months after the order is filed with the regional manager, or at an earlier time specified in the order, if necessary, to adequately manage and conserve the forest resources of British Columbia.

Filing order

File the order with the regional manager for the area affected by the plan, and forward a copy to the chair of the regional Interagency Management Committee (IAMC).
Timing: The declaration, variation or cancellation of the higher level plan should take effect at least six months after the order is filed with the regional manager, or at an earlier time specified in the order, if necessary, to adequately manage and conserve the forest resources of British Columbia.

Filing order

File the order with the regional manager for the area affected by the plan, and forward a copy to the chair of the regional Interagency Management Committee (IAMC).
Filing order: File the order with the regional manager for the area affected by the plan, and forward a copy to the chair of the regional Interagency Management Committee (IAMC).

3.6.3 Preparing and Publishing the Notice of Impending Order

Communication strategy: Ensure that there is an appropriate communication strategy and that background material explaining the consequences of the order for forest management and operational planning is available.

Publish notice

Ensure that there is a notice of impending order published in the Gazette and in a newspaper that circulates in the area where the plan applies. The notice should state:

– that a higher level plan is to be declared
– the location of the area affected by the higher level plan
– that the order, the plan, a map and background information are available at ministry headquarters, regional and district offices.

Accessible to public

Ensure that the order, associated plan or agreement, a map and the background information are accessible to the public at Ministry of Forests regional and district offices as well as at the Range, Recreation and Forest Practices Branch in Victoria.
Publish notice: Ensure that there is a notice of impending order published in the Gazette and in a newspaper that circulates in the area where the plan applies. The notice should state:

– that a higher level plan is to be declared
– the location of the area affected by the higher level plan
– that the order, the plan, a map and background information are available at ministry headquarters, regional and district offices.

Accessible to public

Ensure that the order, associated plan or agreement, a map and the background information are accessible to the public at Ministry of Forests regional and district offices as well as at the Range, Recreation and Forest Practices Branch in Victoria.
Accessible to public: Ensure that the order, associated plan or agreement, a map and the background information are accessible to the public at Ministry of Forests regional and district offices as well as at the Range, Recreation and Forest Practices Branch in Victoria.

3.6.4 Varying or Cancelling the Declaration of Plans Declared by Cabinet or the Ministers

Same steps apply: The same steps as outlined for the declaration of Lieutenant Governor in Council or ministers declared higher level plans apply when varying or cancelling the declaration.

Basis for amendment

As stated, all other higher level plans must be consistent with higher level plans declared by the Lieutenant Governor in Council or the ministers. However, if information gathered in other higher level planning processes provides more accurate data that warrants a variation to an earlier plan declared by the Lieutenant Governor in Council or the ministers, an amendment to that plan may be warranted. That amendment should proceed using the amendment procedures that are approved in each plan.

Basis for cancelling earlier plan

If a higher level plan declared by the Lieutenant Governor in Council or ministers supercedes an earlier higher level plan, the order declaring the earlier plan should be cancelled.

Recommend cancellation

If a higher level plan declared by the Lieutenant Governor in Council or ministers is not amended to reflect changing conditions and becomes outdated, staff should recommend cancellation of the order declaring this plan as a higher level plan.

Varying versus cancelling

An order for variation is appropriate when the content of the plan or agreement is subject to changes or additions that leave the majority of the original plan intact. Where the original plan is altered substantially, the original order should be cancelled and replaced with a new order.

Mark earlier order

When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.
Basis for amendment: As stated, all other higher level plans must be consistent with higher level plans declared by the Lieutenant Governor in Council or the ministers. However, if information gathered in other higher level planning processes provides more accurate data that warrants a variation to an earlier plan declared by the Lieutenant Governor in Council or the ministers, an amendment to that plan may be warranted. That amendment should proceed using the amendment procedures that are approved in each plan.

Basis for cancelling earlier plan

If a higher level plan declared by the Lieutenant Governor in Council or ministers supercedes an earlier higher level plan, the order declaring the earlier plan should be cancelled.

Recommend cancellation

If a higher level plan declared by the Lieutenant Governor in Council or ministers is not amended to reflect changing conditions and becomes outdated, staff should recommend cancellation of the order declaring this plan as a higher level plan.

Varying versus cancelling

An order for variation is appropriate when the content of the plan or agreement is subject to changes or additions that leave the majority of the original plan intact. Where the original plan is altered substantially, the original order should be cancelled and replaced with a new order.

Mark earlier order

When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.
Basis for cancelling earlier plan: If a higher level plan declared by the Lieutenant Governor in Council or ministers supercedes an earlier higher level plan, the order declaring the earlier plan should be cancelled.

Recommend cancellation

If a higher level plan declared by the Lieutenant Governor in Council or ministers is not amended to reflect changing conditions and becomes outdated, staff should recommend cancellation of the order declaring this plan as a higher level plan.

Varying versus cancelling

An order for variation is appropriate when the content of the plan or agreement is subject to changes or additions that leave the majority of the original plan intact. Where the original plan is altered substantially, the original order should be cancelled and replaced with a new order.

Mark earlier order

When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.
Recommend cancellation: If a higher level plan declared by the Lieutenant Governor in Council or ministers is not amended to reflect changing conditions and becomes outdated, staff should recommend cancellation of the order declaring this plan as a higher level plan.

Varying versus cancelling

An order for variation is appropriate when the content of the plan or agreement is subject to changes or additions that leave the majority of the original plan intact. Where the original plan is altered substantially, the original order should be cancelled and replaced with a new order.

Mark earlier order

When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.
Varying versus cancelling: An order for variation is appropriate when the content of the plan or agreement is subject to changes or additions that leave the majority of the original plan intact. Where the original plan is altered substantially, the original order should be cancelled and replaced with a new order.

Mark earlier order

When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.
Mark earlier order: When an order that varies an earlier order takes effect, the earlier order should be marked to indicate that it has been amended and should reference the new order.

Include unvaried content from old order

When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.
Include unvaried content from old order: When feasible, an order varying an earlier order could restate the portions of the earlier order that remain in effect and then list the portions that are changed, giving the date the changes take effect. The original order should be cancelled.