How to use this web site and where to find information:
1. The Objectives Matrix Cultural Heritage Resources page contains Objectives set by Government, relevant legislation sections, documents, maps, and useful web links along with a rational in a hierarchical order, specific for the South Island Forest District Planning Area.
2. The Cultural Heritage Resources under the Forest and Range Practices Act (FRPA) focus on the cultural heritage resources not regulated in the
Heritage Conservation Act.
Examples of cultural heritage resources under FRPA may include forest resources used for traditional purposes such as medicinal plants, post-1846 culturally modified trees, or traditional use sites used by one or more group of First Nation people for some type of activity.
The traditional use sites (ex. resource gathering sites) will often lack the physical evidence of human-made artifacts or structures, however will retain cultural significance to First Nations.
Cultural heritage resources can be specific to each First Nation and may be different between First Nations.
Definitions for terms used in regulations can be found in the FPPR
3. If you are only interested in viewing or downloading the relevant documents, Maps or GIS files, use the Objectives Matrix Table of Content for Cultural Heritage Resources (CHR) web page.
4. You can also access or download fish related files directly from the Matrix CHR FTP site.
Using this site is subject to the disclaimer at the bottom of this page.
Thirty five First Nations have asserted traditional territories located within the geographical area of the South Island Forest District (SIFD).
Click on the link for a list of First Nations contact information.
Note: this page is updated with the December 13, 2004 (objectives matrix Ver: 3.1), February 24, 2005 (Ver: 3.2) March 2005 (Ver: 3.3), 2006 (Ver: 3.4), 2007 (Ver: 3.5), 2008 (Ver: 3.6), 2009 (Ver: 3.8) amendments to FRPA and regulations.
- The sign:indicates that new information has been added.
- The sign:
indicates that the page or a section has been modified or
updated on November 24, 2010.
SUMMARY OF HIERARCHY:
- Responsible Agency: the Ministry of Forests and Range (MFR) is mandated to address cultural heritage resource values. Archaeological sites, pre-1846 sites are regulated by the
Heritage Conservation Act.
- Hierarchy of Direction: FRPA provides the foundation for directions, however other legal direction can augment or replace.
- Rationale for Hierarchy of Direction: This is the direction that reflects hierarchy (refine; replace; adds to; consistent with; or no conflict) when more than one objective exists in a particular area for a particular element:
- Currently* there are no conflicting objectives referring to cultural heritage resources values within higher level plans (HLP) and objectives set by government (OSBG).
- Area of Application: defined geographic extent, sub-set of planning area:
- The cultural heritage resources objectives apply to the entire South Island Forest District (SIFD) area.
- The Clayoquot Sound Plan Area has additional requirements:
- First Nations' Perspectives Relating to Forest Practices Standards in Clayoquot Sound are detailed in the:
- Report 3 notes the extent to which First Nations' knowledge and interests are addressed in forest practices standards in effect in Clayoquot sound as of September 30, 1994. The report contains Panel recommendations on requirements for new standards that cover the spectrum for First Nations' interests and concerns in Clayoquot Sound,
- Appendix V contains the inventory of plants and animals culturally significant to the Nuu-Chah-Nulth of Clayoquot Sound, and
- Appendix VI contains the inventory of Nuu-Chah-Nulth cultural areas by resource and association.
BREAKDOWN OF DIRECTION:
I. Land Use Objectives:
- Legal objectives and strategies contained within approved Higher Level Plans (HLP)
- Currently* the Vancouver Island Land Use Plan (VILUP) is the higher level plan in the SIFD,
- The Higher Level Plan Order signed on October 2000 establishes the legally binding objectives,
- The Vancouver Island Summary Land Use Plan (VISLUP & Appendix), although not a legal document, provides some guidance to implementing the order.
- Currently* there are no land use objectives referring to cultural heritage resources in the HLP for the SIFD area.
|II. Objectives in Regulations:
- These objectives are set in
of the FRPA Forest and Range Practices Act, objectives set by government (OSBG) and apply province-wide, and are the most general type of objectives.
Sec. 10 (FPPR) Objectives set by government for cultural heritage resources
"The objective set by government for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are
(a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and
(b) not regulated under the Heritage Conservation Act."
"(1) For the purpose of section 13 (1) (b) (i) [content of woodlot licence plan] of the Act, the objectives set by government are as follows:
(d) conserving and protecting cultural heritage resources that are
(i) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and
(ii) not regulated under the Heritage Conservation Act;
(4) On or after December 31, 2004, a notice described in subsection (3) must be given at least 4 months before the woodlot licence plan is submitted for approval."
Intent: Objectives in regulations are intended to provide goalposts for managing and protecting FRPA values. Results and strategies in operational plans must address and be consistent with these objectives.
Changing Objectives: New or modified objectives in regulation are established through the legislative drafting and amendment process. Objectives in regulations cannot be changed or alternatives proposed at a local level.
III. Objectives Enabled by Regulations:
Objectives enabled by regulation are established by the appropriate minister, or their delegate, for a specified area. These are the most specific of all objectives, although they are not stated in the regulations, the legislation gives authority to the ministers, or their delegate, to establish them for various types of areas.
Establishment: The Objectives enabled by regulation come into effect through government actions.
- There are no provisions in regulations (FPPR) for ministers to establish cultural heritage related objectives.
- The minister can designate cultural heritage resources as resource features:
Sec. 5 (GAR-Part2) Resource features
"(1) Subject to subsection (2), the minister responsible for the Forest Act by order may identify one or more of the following as resource features in relation to a specified area:
(e) a cultural heritage resource that is the focus of a traditional use by an aboriginal people and that is not regulated by the Heritage Conservation Act;
(2) The minister responsible for the Forest Act may make an order under subsection (1) if the minister is satisfied that the resource feature requires special management not otherwise provided for under this regulation or another enactment.
(3) The identification of a resource feature under subsection (1)
(a) may be by category or type, and may be restricted to a specified geographic location, and
(b) must be sufficiently specific to enable a person affected by it to identify the resource feature in the ordinary course of carrying out forest practices or range practices.
(4) Despite subsections (1) to (3), if the minister responsible for the Forest Act reasonably believes that a resource feature may be subject to damage or disturbance if the location of the resource feature is disclosed, he or she
(a) must not disclose the location of the feature in the order,
(b) must provide written notice of the location of the feature to the holders of agreements under the Forest Act or the Range Act that will be affected by the order, and
(c) may attach conditions to the order
(i) prohibiting those holders from disclosing the location of the feature, or
(ii) restricting the extent to which, or the persons to whom, those holders may disclose the location of the feature.
(5) A person to whom a condition referred to in subsection (4) (c) applies must comply with the condition."
IV. Grandparented Designations & Objectives:
Existing objectives established under the Forest Practices Code (FPC) will be grandparented to FRPA as objectives enabled by regulations
- There are no grandparented cultural heritage resource objectives.
V. Requirements in FPPR for Cultural Heritage Resources:
The FPPR does not contain requirements (default results or strategies) for cultural heritage resources set in
of the (FPPR).
Those preparing a forest stewardship plan (FSP) must propose results and strategies for the objective in regulation listed above.
VI. Practice Requirements in the FPPR for Cultural Heritage Resources Include:
- There are no practice requirements in FPPR specific to cultural heritage resources unless established as resource features.
VII. Factors to Consider in Developing Results & Strategies:
Factors in regulations (FPPR) to consider in developing results and strategies for cultural heritage resources include the:
Schedule 1 - Sec. 4 (FPPR) Factors relating to objective set by government for cultural heritage resources
"The following factors apply to a result or strategy for the objective set out in section 10 [objectives set by government for cultural heritage resources]:
(a) the relative value or importance of a particular cultural heritage resource to a traditional use by an aboriginal people;
(b) the relative abundance or scarcity of a cultural heritage resource that is the focus of a traditional use by an aboriginal people;
(c) the historical extent of a traditional use by an aboriginal people of a cultural heritage resource;
(d) the impact on government granted timber harvesting rights of conserving or protecting a cultural heritage resource that is the focus of a traditional use by an aboriginal people;
(e) options for mitigating the impact that a forest practice might have on a cultural heritage resource that is the focus of a traditional use by an aboriginal people."
- Cedar Guidelines:
- The final "Guidelines for Managing Cedar for Cultural Purposes" are intended to assist forest planning in the Coast Forest Region (SIFD) in regard to First Nation's access to cedar. Many First Nation groups have used and continued to use red (Thuja plicata) and yellow cedar (Camaecyparis nootkatensis) for traditional and cultural purposes.
- The final guidelines are made available January 2005.
- These guidelines provide information that could be considered in the development of results or strategies for cedar as a cultural heritage resource. The guidelines establish a process to work with First Nations in the context of forest planning to identify local demands for cedar for cultural purposes, assess local supply of cedar within a plan area, and identify local strategies or results to manage cedar for cultural purposes where required.
- There are no exemptions in FRPA specific to cultural heritage resources.
IX. Cumulative Impact: When establishing objectives, the appropriate Minister, or delegate must consider the impact of the proposed objective on the provincial timber supply and cumulative impact on rights granted to timber, woodlot or range agreement holders.
Sec. 19, (FPPR) Division 2.1. Cumulative effect of multiple forest stewardship plans
For the purpose of section 9 [proportional objectives] of the Act, the minister may establish targets referred to in that section, if, where there are likely to be multiple forest stewardship plans within an area,
(a) one or more agreement holders may be unduly constrained in the specifying of results or strategies in the holder's plan unless targets are established under section 9 of the Act,
(b) the agreement holders within the area are unable to reach an agreement that would remove the constraints referred to in paragraph (a),
(c) an agreement holder subject to a constraint referred to in paragraph (a) requests the minister to act under section 9 of the Act, and
(d) the minister is satisfied that a fair and effective order can be made under this section."
X. New Objectives: Once a new objective has been in place for at least four months:
- New Operational Plans must contain results and strategies to address the new objective if applicable to the area under the plan
- Existing Operational Plans must be amended to address the new objective if applicable to the area under the plan
- The Government can reduce this four month period for some objectives.
Other Cultural Heritage Resources-Related Documents:
- Cultural heritage resources objectives related supporting documents and maps can be found on the SIFD Objectives Matrix FTP site
- The Traditional Territory Maps listed on the FTP site are not intended to create, recognize, limit, or deny any aboriginal right, including title, that First Nations may have or impose any obligations on the Province of British Columbia, the Ministry of Forests or alter the legal status, or resources within the Province or existing legal authority of BC. First Nations update and modify periodically their asserted traditional territory boundaries, and although every effort has been made to ensure the accuracy, currency, and reliability of the content, Ministry of Forests accepts not responsibility in that regard.
- South Island Forest District First Nations profiles will be available upon request.
- The South Island Forest District Manager letter to all First Nations dated October 12, 2004 outlines the expectations for First Nations consultation under FRPA.
FRPA RESOURCE EVALUATION Program references to Cultural Heritage:
- For information related Cultural Heritage Resources effectiveness evaluation visit the FREP Cultural Heritage web site
- FREP Report # 18, Review of Forest Stewardship Plan Results and Strategies for Cultural Heritage Resource Value published by the FREP Forest Practices Branch, MFR, dated: November 2008
Resource Values Indicators Site:
Useful Cultural Heritage Resources and First Nations Related Sites:
For a collection of cultural heritage resources and First Nations-related resources and other supporting materials visit the following sites:
Other FRPA values: select form the list below:
- Timber including Forest Health
- Cultural Heritage Resources
- Resource Features
- Recreation Resources
- Visual Quality
- Forage and Associated Plant Communities
Disclaimer: Please note that the government is under no obligation to develop or provide the objectives matrix to FRPA stakeholders. The matrix was developed to assist those who prepare operational plans with identifying objectives for which results and strategies must be developed within operational plans. The Ministry of Forests does not make any guarantees with respect to the accuracy, currency and reliability of the information contained within this objectives matrix.
It is the plan proponent's responsibility to ensure that all legal requirements are met.
The legislation extracts quoted in the text of this web site are for the users convenience only and they do not have legal status.
For the official legal text, please refer to the Queens Printer legal publications.