Higher Level Plans: Policy and Procedures

8.0 Plans Formulated Pursuant to Section 4(c) of the Ministry of Forests Act

8.1 Introduction

Section 4(c) of the Ministry of Forests Act provides the Ministry of Forests with a mandate to plan the use of Crown forest and range resources. It is anticipated that the ministry will continue to exercise this mandate to complement new and more specific planning provisions of the Code. With the introduction of the Code, the use of the ministry's section 4(c) mandate will continue to change. The main reason for including section 4(c) plans as higher level plans is to ensure that the information and direction contained in the many plans prepared by the ministry prior to the Code may continue to be used if appropriate. Over time, many of these plans will be replaced by other types of higher level plans such as those declared by the Lieutenant Governor in Council or by landscape unit objectives. New 4(c) plans, in future, may deal with direction to ministry programs or describe ministry policy on certain resource management issues. It is not anticipated that these plans will be designated as higher level plans.

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; however, in certain cases such as section 4(c) plans, the Forest Practices Code of British Columbia Act authorizes the chief forester to provide direction to the district manager. In these cases, policy direction must be followed (see Appendix 1).

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.

8.2 Legislative References

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

(a) a plan formulated pursuant to section 4(c) of the Ministry of Forests Act and designated as a higher level plan by the district manager in accordance with direction from the chief forester....

Section 4(c) of the Ministry of Forests Act states:

The purposes and functions of the ministry are, under the direction of the minister, to...

(c) 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 recreation and other natural resource values are coordinated and integrated, in consultation with other ministries and agencies of the Crown and with the private sector;

8.3 The Basis for Chief Forester Direction

The Act, in section 1(1), provides for direction from the chief forester concerning plans formulated pursuant to section 4(c) of the Ministry of Forests Act. The following sections contain direction from the chief forester in the form of policy and procedures.

8.4 Appropriate Plans

8.4.1 Chief Forester Direction – Policy

Ministry of Forests Act

– TSA management strategies
– local resource use plans
– coordinated resource management plans
– coordinated access management plans
– integrated watershed management plans
– visual landscape management plans
– cave/karst management plans
– recreation corridor plans
– heritage trail/river management plans
– wilderness management plans
– total resource plans
– timber harvesting guidelines
– other related plans.

8.5 Options for Dealing with 4(c) Plans in the Forest Practices Code Planning Framework

8.5.1 Chief Forester Direction – Policy

Consolidation

Wherever possible, plans will be consolidated as part of the new Code planning framework. In this spirit, 4(c) plans, or portions of 4(c) plans, will be integrated with landscape units and objectives, sensitive areas and objectives or interpretive forest sites, recreation sites or recreation trails and objectives, where it is practical to do so.

4(c) components to LRMP

Another option is to recommend that the objectives and strategies included in existing 4(c) plans are reviewed and incorporated into any proposed or ongoing LRMP that subsequently may be declared a higher level plan.
If these options are not practical, the 4(c) plan or a portion of the plan may be designated as a higher level plan.

Recommendations to chief forester

These options are based on early experience with implementing the Code planning framework. Other workable options may emerge as experience is gained with implementation. The director, Range, Recreation and Forest Practices Branch in consultation with colleagues in the Ministry of Environment, Lands and Parks will conduct a review of this experience (also in consultation with operations staff) and will submit additional policy recommendations to the chief forester by March 31, 1997, concerning the role of plans prepared pursuant to section 4(c) of the Ministry of Forests Act. Until such time as the chief forester provides further policy direction in this area, district managers should feel free to consult the director regarding any policies of their own that they may wish to develop in the interim.

4(c) plans as higher level plans

For 4(c) plans to have effect as higher level plans, they must be designated as such by the district manager using the procedures outlined later in the chapter.

8.6 Relationship to Other Higher Level Plans

8.6.1 Chief Forester Direction – Policy

Consistency

In order to be designated as a higher level plan, 4(c) plans must be consistent with any higher level plans declared by the Lieutenant Governor in Council or the ministers, resource management zone objectives, landscape unit objectives or sensitive area objectives that may cover the plan area.

Direction to district manager

If there are recommendations in a higher level plan declared by the Lieutenant Governor in Council or ministers affecting a plan prepared pursuant to section 4(c) of the Ministry of Forests Act, the chief forester may provide specific direction to the district manager regarding these recommendations.

8.7 Links to Operational Plans

8.7.1 Chief Forester Direction – Policy

Limitations

Only plans or portions of a plan affecting forest practices that are dealt with in operational plans should be designated as higher level plans.

Plan requirements to be achievable

Ministry staff involved in the designation of 4(c) plans 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 4(c) plan is designated 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 plan

An operational plan in effect at the time that a section 4(c) plan is designated is not affected by the designation of the higher level plan; the operational plan continues to guide operations on the ground and does not have to be amended because the higher level plan is designated. However, after the higher level plan is designated, 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

To ensure continuity of operational plan activity, staff should ensure that a 4(c) plan proposed for designation 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 designated to new operational plans that reflect 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

Many existing 4(c) plans have been guiding operational activities for some time. For these plans, phase-in is probably not an issue. For any new 4(c) plans proposed to be designated as a higher level plan, they will normally be designed 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, will be consistent with the approved higher level plan. Furthermore, 4(c) plans should be designed so that landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the establishment of landscape unit objectives should normally be consistent with the established landscape unit objectives.

Basis for inconsistency

The district manager may designate a 4(c) plan that is inconsistent with the authorizations and assessments referenced in the preceding point if he/she considers it necessary to adequately manage and conserve forest resources.

Agreement holder involvement

Agreement holders under the Forest Act or the Range Act should normally be involved in a substantive way during the development of the 4(c) plan to be designated 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 intent of the proposed higher level plan.

Advance notice

Agreement holders can be given advance notice before the formal notice of impending order is published.

8.8 Content Criteria to Consider Before Designating as a Higher Level Plan

8.8.1 Chief Forester Direction – Policy

Criteria to be met

The district manager should consider whether a 4(c) plan meets the following criteria before designating all or part of the 4(c) plan as a higher level plan:
– the plan's proposed use and management of land within the provincial forest is in accordance with section 2 of the Forest Practices Code of British Columbia Act
– the requirements of the plan do not contradict requirements of the Code
– the plan considers the full range of forest resources in the planning area
– an appropriate assessment of all forest values has been made
– appropriate government agencies have been consulted
– the private sector has been consulted
– the public and First Nations have had an opportunity for review and comment
– the term of the plan is identified
– the location of the plan area is identified on a map and accompanied by text that describes the resource management objectives for the area and the strategies for achieving those objectives.

8.9 Preparing and Referring the Order

8.9.1 Chief Forester Direction – Procedures

Timing

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

Date

District staff will prepare a draft order for the district manager's approval specifying the date the designation will take effect.

Agency reviews

When satisfied with the order, the district manager will refer the draft order and a copy of the plan or portion of the plan proposed for designation as a higher level plan, as well as a backgrounder for the designation, to the Ministry of Environment, Lands and Parks and to other regional resource agencies with a request for comments within 45 days. For plans approved prior to June 15, 1995, the district manager will also refer the draft order and related materials to resource agencies signatory to the plan that are not represented in the region.

Consult regional manager

If any of the other resource agencies do not consider that the 4(c) plan should be designated as a higher level plan, the district manager should consult the regional manager regarding points of disagreement. After considering the regional manager's comments, the district manager will decide whether or not to designate the plan as a higher level plan.

Plan to be available for viewing

The order, the plan or parts of the plan being declared a higher level plan, and a map of the plan area will be filed with the regional manager, and made available for viewing at the district and regional offices for a period of 60 days. After 60 days, this information should be available on request.

8.10 Filing the Order

8.10.1 Chief Forester Direction – Procedures

Notice to be published

Once the district manager has made any revisions to the order that are necessary, a notice of impending order will be published in a local newspaper indicating the following:
– a higher level plan is to be designated
– the location of the plan area
– the order, the plan, a map showing the location and boundaries of the plan area and a backgrounder are available at the district and regional offices
– the date the plan takes effect.

8.11 Varying or Cancelling the Designation of 4(c) Plans

8.11.1 Chief Forester Direction – Policy

Designation procedures apply

The same procedures outlined for the designation of 4(c) plans as higher level plans apply when varying or cancelling the designation.

Basis for varying plan

As stated, TFL management plans and interpretive forest sites, recreation sites and recreation trails must be consistent with a 4(c) plan designated as a higher level plan. However, if a TFL management plan or an interpretive forest site, recreation site or recreation trail produces more accurate data that warrants a variation to the 4(c) plan, the district manager should consider varying the 4(c) plan.

Basis for cancellation

If a 4(c) plan designated as a higher level plan is not varied to reflect changing conditions and other higher level plans and becomes outdated, the district manager will cancel the higher level plan designation.

8.11.2 Chief Forester Direction – Procedures

Varying orders

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.