Note: this document is no longer current - it is provided for historical reference purposes only
B.C.'s Forest Practices Code came into effect on June 15, 1995. Carrying the force of law, the code ensures that what happens in our forests is well-planned and takes all values into account.
It provides certainty in our forests, as government, industry and the public know what standards of management are expected, and that the penalties for breaching those standards are strong, fair and effective.
Developed over a number of years, the new Forest Practices Code benefits from continual review and recommendations by the public, interested parties such as industry, environmental groups and First Nations, and government technical, policy and field staff.
The first two comprise the "law" governing forest practices in British Columbia; the guidebooks become legally enforceable when their provisions are incorporated into plans, prescriptions and contracts.
Technical work to develop the Forest Practices Code began in September 1992 when staff from the ministries of Forests, Environment, Lands and Parks, and Energy, Mines and Petroleum Resources, and the federal Department of Fisheries and Oceans reviewed existing regulations and guidelines.
In November 1993, the government released The Forest Practices Code Discussion Paper and Rules for review and comment by the public and stakeholders. Open houses, information sessions and workshops were held in the months following. More than 900 reader responses, several hundred letters and submissions to ministers, and 4,000 telephone enquiries were received.
In the spring of 1994, the Ministry of Forests established enforcement and compliance teams across B.C., and field workers with the ministries of Environment, Lands and Parks, and Energy, Mines and Petroleum Resources were given expanded powers to work with forest service staff on monitoring and enforcement.
In May 1994, a report and two background papers were released summarizing public input on the discussion paper. The forests minister introduced the Forest Practices Code of British Columbia Act in the legislature in mid-May. At the end of the month, the ministers of forests and environment released the proposed new standards and draft regulations and guidebook references.
On July 7, 1994, Bill 40 the Forest Practices Code of British Columbia Act was passed in the B.C. Legislature.
Public input was received on the proposed standards and draft regulations by August 15, and incorporated into the regulations and guidebooks.
In September 1994, the Ministry of Forests created the Enforcement Branch, with resources to train enforcement personnel, set provincial enforcement procedures, and track and report on enforcement activities.
A joint interagency enforcement committee was also established to ensure coordination in monitoring and enforcement between the ministries of Forests, Environment, Lands and Parks, Energy Mines and Petroleum Resources, and the Attorney General.
Initial training on the legislation took place in fall and winter 1994, with training on the regulations and guidebooks continuing through 1995 and as required.
On April 12, 1995, 18 regulations and 16 high-priority guidebooks were released, followed by others over the next months.
An independent unit reporting to the deputy ministers of Forests, Environment, Lands and Parks, and Attorney General, was set up to review enforcement policy and programs and make recommendations.
On June 15, 1995, British Columbia’s first Forest Practices Code took effect, with the Act and regulations coming into force.
Forestry is linked to long-term planning. For example, on cutblocks where work begins today, plans may have been created and approved three years ago. In fact, until the first 18 regulations were released in April, the specific requirements of the code were not known and could not be acted upon.
Broad planning and operational requirements have been known for more than a year, and most forest companies have been adjusting their operating plans for new forest management. District managers have been ensuring that plans and prescriptions comply with existing contract obligations and that planning for new code obligations proceed.
Right now, the Forest Practices Code ensures the safety of the most sensitive areas of the province, while not requiring industry to throw away years of work and planning. Forestry and range use in B.C. has moved from contractual to statutory obligations (the force of law), but because the code builds on existing groundwork, many requirements are still in place.
All aspects of the code take effect immediately. However, transitional provisions of the Act ensure an orderly and fair two-year transition from the contractual to statutory obligations.
During this transitional period, all plans approved before June 15/95 and all currently approved cutting permits and road permits are "grandparented" in under the code. These approvals terminate when the permits expire or in two years, whichever comes first.
The grandparented plans and permits may not meet every planning requirement of the new code, since the rules of the code weren’t known when they were approved. However, the grandparented plans and permits must be reviewed and a report submitted to the district manager. If necessary, the plans must be amended to meet certain identified risks to:
These reviews must be done before December 15, 1995. As well, all new operational plans submitted from June 15 to December 15, 1995, must meet the code’s requirements for those risks.
Over the transition period, phase-in requirements for various plans and permits come into effect, "stepping up" to full compliance with all planning aspects of the code.
As well, there are phase-in requirements under some regulations for operational issues, with differing dates. For example, additional time is provided for completing field inventories in recognition of shortages of trained practitioners.
All penalties still apply: Despite the phase-in provisions of the transition period, operators can still be shut down, fined or charged if they violate any aspect of an approved plan - whether old, new or modified. The enforcement requirements and penalties of the code are always in effect.
Government: Meeting its obligations
Now that the code is in effect, the government is working to ensure that staff at all levels have the support they need to meet the code’s requirements, and provide effective monitoring and enforcement.
Recruitment and training are key activities for the ministries of Forests and Environment. To meet the increased demands for code planning, monitoring and enforcement, new staff have been or are being hired, and internal reorganizations are reallocating resources where they are needed most.
Regional implementation teams consist of coordinators, training officers and district representatives. Until now, the teams reviewed the code from an operational perspective as it was developed. Now they are looking at how to take the code into the field and ensure it works effectively.
Training is a very large component of the implementation period, with those responsible for immediate activities being given the highest priority. Staff in the field, in administration, and in branches are working through the rules and being instructed on how to apply them on the job.
While the ministry will not directly train industry, training modules are being developed for industry to use to train their staff and contractors.
The public, forest stakeholders and government will continue to work together to incorporate new scientific findings, innovations and the benefits of experience into the Forest Practices Code.
Inter-agency technical working groups are using new information to develop additional guidelines or refine existing ones. Once reviewed and approved, these guidelines will go forward for consideration as part of the Forest Practices Code. The public will play an important and ongoing role in this process.
Strategic Planning: Management goals for public forests will be established with public input through land-use planning processes such as Land and Resource Management Planning (LRMPs). Public review and comment are required before any resource management zone or landscape unit is established.
Operational Planning: Key operational plans must be made available by the licence holder (or the Crown, for the Small Business Forest Enterprise Program) for review and comment. Specific advertising and display requirements must be met, and sufficient time must be allowed for review and comment. This applies to forest development, access management, range use and five-year silviculture plans.
Public complaints: The Forest Practices Board will investigate public complaints on aspects of the code following a formal complaint process. Under the Forest Practices Code of British Columbia Act, the board has the power to appeal forest management determinations and operational plans that have been approved.
Technical review and information: Members of the public with relevant expertise may be invited to participate in technical working committees to develop new guidelines to be incorporated into the code.
Public and stakeholder input will be received on completed guidelines before they are incorporated in the code.
Public and interest group input: Advice and communication on Forest Practices Code policy management and technical issues may be sought from public and industry, environmental, First Nations and other interest groups.