Introduction


Introduction

Many of the Class A provincial parks listed in Schedule D of the Park Act and many Protected Areas (defined below) are subject to Range Act Agreements (defined below). With respect to the provincial parks that are subject to Range Act Agreements, section 3 of the Park Amendment Act, 1997, provides that the Range Act Agreements will continue to be administered and managed in accordance with the Range Act and the Forest Practices Code of British Columbia Act. Orders in Council establishing Protected Areas may also allow the administration and management of Range Act Agreements to continue under the Range Act. Accordingly section 3 of the Park Amendment Act, 1997, and Orders in Council establishing Protected Areas permit Range Act Agreements to be transferred, renewed, replaced, suspended, cancelled, amended, consolidated, partitioned and subdivided in accordance with the Range Act and the Forest Practices Code of British Columbia Act. Apart from the Range Act Agreements, the Minister of Environment, Lands and Parks has jurisdiction over all matters concerning the provincial parks and Protected Areas that are subject to Range Act Agreements.

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Definitions

In this protocol,

"Administration" includes the issuance, transfer, renewal, (replacement?), inspection, and enforcement of Range Act Agreements;

"BC Parks" means the Parks Department, Ministry of Environment, Lands and Parks;

"D.M. MOF" means the person holding the position of a district manager of the Ministry of Forests;

"D.M. BC PARKS" means the person holding the position of a district manager of BC Parks;

"FPC of BC Act" means the Forest Practices Code of British Columbia Act;

"Inspection" means a regular formal or informal process of officially examining performance at any point in time to determine achievement of compliance with required standards or obligations;

"Investigation" means the process undertaken to verify or substantiate a suspected violation;

"MOF" means the Ministry of Forests;

"Monitoring" means an ongoing and recurring examination of processes to ensure they are being performed, are functioning as intended, and are achieving the desired results;

"Official (or Designated Official)" means: a) a designated forest official; b) a designated environment official; c) a designated energy, mines and petroleum resources official as designated under the Forest Practices Code of British Columbia Act;

"Peer Review Committee" means 2 or more D.M. MOF or equivalents as selected by the requiring D.M. MOF. Equivalents could include representatives from other ministries ;

"Principal ministries" means Ministry of Environment, Lands and Parks(BC Parks) and the MOF;

"Protected Areas" means those Protected Areas with Range Act Agreements, established by Order in Council that contain wording similar to that of section 3 of the Park Amendment Act, 1997;

"Range Act Agreements or Agreements" means all grazing and hay-cutting licenses and permits issued under the Range Act which are contemplated by section 3 of the Park Amendment Act, 1997, and the Orders In Council establishing each Protected Area that contains Range Act Agreement(s);

"Range Act Agreement areas or Agreement Areas" means the area of park or Protected Area covered by a Range Act Agreement as used in this Protocol;

"Range development" is as defined in the FPC of BC Act ;

"Range use plan" means a range use plan referred to in the FPC of BC Act and includes all amendments to it;

"Resource Monitoring" means the process of collecting and evaluating vegetation and site information to determine if management objectives are being attained;

"Senior Official" means a District or Regional Forest Manager(D.M. MOF or R.M. MOF) or a designated senior person from the MOF or BC-Parks designated by the respective minister to carry out provisions of the Range Act or FPC of BC Act;

"Vacancy" means forage on Crown land referred to in section 10(2) of the Range Act.

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Purpose

The purpose of this Protocol is to assist staff of MOF and BC Parks in understanding the role of each agency in the Range Act Agreement Areas and to facilitate inter- ministry cooperation in the following areas: This Protocol addresses the application of the Range Act, the FPC of BC Act, the Park Act, the Park Amendment Act, 1997, and the Orders In Council creating new parks that contain Range Act Agreements , in the Range Act Agreement Areas. It also compliments the Memorandum Of Understanding among the Ministry of Forests, Ministry of Energy, Mines and Petroleum Resources (now Ministry of Employment and Investment, Energy, and Mineral Division) and Ministry of Environment, Lands and Parks regarding the joint administration of the FPC of BC Act (to be referred to as the joint MOU ).

In the case of a conflict between anything set out in this protocol and any provisions of the above mentioned statutes and the regulations made under those statutes, the statute or regulation will govern. Nothing in this protocol should be construed to fetter the discretion of a statutory decision maker.

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