Ministry of ForestsGovernment of British Columbia
Coast Forest Region
Legislation Table of ContentsContact Information for the South Island Forest District
Objectives for Water ver.: 3.7
Site Contents
SIFD Home Page  
Web site Index  
Stewardship
A. Objectives Matrix Introduction
B. Objectives set by Government for the FRPA Values
C. Objectives Matrix Site Content List
D. Objectives Matrix FTP Site
1 Soils
2 Timber including Forest Health
3 Wildlife
4 Fish
5 Water
6 Biodiversity
7 Cultural Heritage Resources
8 Resources Features
9 Recreation Resources
10 Visual Quality
11 Forage & Associated Plant Communities
Other Links
FRPA Training Web site
FRPA resource evaluation program
Forest and Range Practices Act site

 


 

How to use this web site and where to find information:


1. The Objectives Matrix Water 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 Water elements under the Forest and Range Practices Act (FRPA) include: protecting water quality (PWQ); licensed water works (LWW); hydrological impact (HI); community watersheds (CW) and water quality objectives (WQO). This section also deals with use of livestock (UL); construction of roads (RCW), excavated or bladed trails (EBT); and use of fertilizers (UF) in community watersheds.
Definitions for terms used in regulations can be found in the FPPR Interpretation section.


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 Water web page.

4. You can also access or download water related files directly from the Matrix Water FTP site.

Using this site is subject to the disclaimer at the bottom of this page.

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: 3.7) amendments to FRPA and regulations.

  • The sign:indicates that new information has been added.
  • The sign: indicates that this page or a section has been modified or updated on May 18, 2009.

SUMMARY OF HIERARCHY:

  • Responsible Agency: the Ministry of Environment (MoE), the Integrated Land Management Bureau (ILMB) and the Ministry of Forests and Range (MoFR) are jointly mandated to address water values.
  • Hierarchy of Direction: FRPA provides the foundation for directions, however other legal direction can augment or replace.
    • Currently the VILUP identifies all enhanced forestry zones (EFZ) expect the part of those zones which are designated as community watersheds as defined in section 41 (8) of the Act (EFZ Map) with specific water issues in the SIFD.
  • Rationale for Hierarchy of Direction: This is the direction that reflects hierarchy (refine; replace; adds to; consistent with; or no conflicts) when more than one objective exists in a particular area for a particular element:
    • Currently there are no conflicting objectives referring to water values within the higher level plans (HLP) and objectives set by government (OSBG).
  • Area of Application: defined geographic extent, sub-set of planning area:

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,
  • Currently* the land use objectives referring to water in the higher level plans for the SIFD are outlined in the VILUP Higher Level Plan Order as:
    • "D. for all Enhanced Forestry Zones, as shown on Map 1, save and except the parts of those zones which are designated as community watersheds as defined in section 41 (8) of the Act:

    7. To increase short-term availability of timber,

    (a) a cutblock may be larger than 40 ha pursuant to section 11(2)(a) of the OPR; and

    (b) pursuant to section 68(4) of the OPR, a cutblock is greened-up if it is adequately stocked and the average height of those trees that are

    (i) the tallest tree in each 0.01 ha plot included in a representative sample, and

    (ii) a commercially valuable species or other species acceptable to the district manager

    is a t least 1.3 meters; unless the district manager determines that a cutblock referred under (a) or (b) would significantly impact specific hydrological, wildlife, biodiversity, scenic or recreation values.

    8. Avoid or mitigate adverse hydrological impacts, which may result from practices referred to in objective 7, in watersheds with significant watershed sensitivity and significant fisheries values, as determined by the district manager and the designated environmental official."

    • For spatial location of the EFZ please see: EFZ Map
  • The Vancouver Island Summary Land Use Plan (VISLUP & Appendix), although not a legal document, provides some guidance to implementing the order.

Note: due to an overlap and an interaction between the water and fish values the objectives, requirements, factors and exemptions outlined for fish should be also considered when developing results and strategies for water.

II. Objectives in Regulations:

  • These objectives are set in Sec. 149 (FRPA) of Forest and Range Practices Act, objectives set by government (OSBG) and apply province-wide, and are the most general type of objectives.

Sec. 8 (FPPR), Objectives set by government for water, fish, wildlife and biodiversity within riparian areas for forest practices:

"The objective set by government for water, fish, wildlife and biodiversity within riparian areas is, without unduly reducing the supply of timber from British Columbia's forests, to conserve, at the landscape level, the water quality, fish habitat, wildlife habitat and biodiversity associated with those riparian areas."

Sec. 8.2 (FPPR), Objectives set by government for water in community watersheds

"(1) In this section "community watershed" means a community watershed

(a) that is continued under section 180 (e) of the Act, and

(b) for which a water quality objective has not been

(i) continued under section 181 of the Act, or

(ii) established under the Government Actions Regulation.

(2) The objective set by government for water being diverted for human consumption through a licensed waterworks in a community watershed is to prevent to the extent described in subsection (3) the cumulative hydrological effects of primary forest activities within the community watershed from resulting in

(a) a material adverse impact on the quantity of water or the timing of the flow of the water from the waterworks, or

(b) the water from the waterworks having a material adverse impact on human health that cannot be addressed by water treatment required under

(i) an enactment, or

(ii) the licence pertaining to the waterworks.

(3) The objective set by government under subsection (2) applies only to the extent that it does not unduly reduce the supply of timber from British Columbia's forests.

(4) If satisfied that the objective set out in subsection (2) is not required to provide special management the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective.

(5) If satisfied that the objective set out in subsection (2) is addressed, in whole or in part, by an enactment, the minister responsible for the Wildlife Act must exempt a person from the requirement to specify a result or strategy in relation to the objective set out in subsection (2) to the extent that the objective is already addressed."

Sec. 8 (RPPR), Objectives set by government for water for range practices are as follows:

    "(a) maintain or improve water resources;

Sec. 9 (WLPR), of the Woodlot Licence Planning and Practice Regulations refers to the established objectives for water for woodlot licenses:

"(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:

(c) conserving within riparian areas, at the landscape level, water quality, fish habitat, wildlife habitat and biodiversity;

(2) For the purpose of section 13 (1) (b) (ii) of the Act, the following objectives apply:

(a) any fisheries sensitive watershed objective or water quality objective established for a watershed within which the woodlot licence area is located;

(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."

  • Definitions:

Part 1 - Interpretation (FPPR)

"community watershed" means a community watershed

(a) established under section 41 (8) to (13) [approval of plans by the district manager or designated environment official] of the Forest Practices Code of British Columbia Act,

(b) continued under section 180 (e) [grandparenting specified designations] of the Act, or

(c) designated under the Government Actions Regulation;

"water quality objective" means a water quality objective for a community watershed

(a) continued under section 181 [grandparenting objectives] of the Act, or

(b) established under the Government Actions Regulation;

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.

  • The FRPA and the government action regulation (GAR) give the minister responsible for the Land Act statutory authority to:

Designate community watersheds:

Sec. 8, (GAR) Community watersheds and water quality objectives

"(1) The minister responsible for the Land Act by order may designate as a community watershed all or part of the drainage area that is upslope of the lowest point from which water is diverted for human consumption by a licensed waterworks, if satisfied that, to protect the water that is diverted for human consumption, the area requires special management, that is not otherwise provided for under this regulations or another enactment,

    (a) to conserve the quality, quantity and timing of water flow, or

    (b) to prevent cumulative hydrological effects that would have a material adverse effect on the water.

Currently* the community watersheds in the SIFD area are the ones established under Section 41 (8 & 10) of the FPC and grandparented to FRPA.

  • The FRPA and the government action regulation (GAR) give the minister responsible for the Wildlife Act statutory authority to:

Establish water quality objectives in community watersheds:

Sec. 8, (GAR) Community watersheds and water quality objectives

"(2) The minister responsible for the Wildlife Act by order may establish for a community watershed water quality objectives respecting a matter referred to in subsection (1)."

  • Objectives for community watersheds (CW) were introduced as part of the February 24, 2005 regulation update in Sec. 8.2 (FPPR). (Feb. 24, 2005)
  • For an up to date list of community watersheds (designated, cancelled, pending cancellation) contact ILMB.
  • For more details and updates please visit the ILMB Community Watersheds web page,
  • Watershed and channel assessments (CWAP-s) can be found on the MoE EcoCat site. The Ecological Report Catalogue (EcoCat) allows users to access digital reports and publications or search for reports using a map (note: this is an internal site, that might not be accessible for all visitors). (Aug. 1, 2006)

Transitions

Sec. 16, Transitions (GAR) Community watershed continued

"(16) A community watershed is continued as a community watershed under this regulation if the community watershed was

(a) established after January 31, 2004 under section 41 (8) to (13) of the Forest Practices Code of British Columbia Act, as it was immediately before its repeal, and

(b) in existence on the coming into force of this section."

IV. Grandparented Designations & Objectives:

Division 2 – Grandparenting Designations, Objectives and Measures

Sec. 180, (FRPA) Grandparenting specified designations

"Every area established or continued under the Code as

(e) a community watershed,

(g) an area with significant watershed sensitivity,

that was in effect immediately before the effective date is continued under this Act."

Sec. 181, (FRPA) Grandparenting objectives

"All objectives in respect of areas continued under section 180 that were in effect immediately before the effective date are continued as objectives under this Act."

Existing community watersheds and objectives established under Sec. 41 (8) and Sec. 41 (10) of the Forest Practices Code (FPC) are grandparented to FRPA

V. Requirements in FPPR for water are:

A person who prepares a forest stewardship plan (FSP) may include results for the objectives set out in Sec.8, (FPPR) or may instead choose to conform to the requirements set out in Sec. 58 to 63 of the FPPR.

  • Restrictions apply to the use of livestock for silvicultural treatments within riparian areas. Activities must protect water quality that is diverted for human consumption by licensed waterworks,
  • Activities must not damage a licensed waterworks. Harvesting or road construction must not occur within 100m up slope of a licensed waterworks,
  • Excavated and bladed trails must not be constructed in community watersheds is it will cause harmful sediment to enter a stream, wetland or lake from which water is being diverted for human consumption. The Minister of Forests may specify the location of roads in the proximity of an identified spring in a community watershed,
  • Use of fertilizers in community watersheds is restricted.

Sec. 58, (FPPR) Use of livestock in riparian areas

"An agreement holder who uses livestock for site preparation or brush control for the purpose of carrying out a silviculture treatment must not

(a) construct a livestock corral

(i) in a riparian management area,

(ii) on an area that drains directly into a fish stream or a fish-bearing wetland or lake, or

(iii) on an area within a community watershed that drains directly into a potable water source, or

(b) use the livestock in a riparian management area that is located within a community watershed."

Division 4 - Watersheds:

Sec. 59 (FPPR) Protecting water quality

"An authorized person who carries out a primary forest activity must ensure that the primary forest activity does not cause material that is harmful to human health to be deposited in, or transported to, water that is diverted for human consumption by a licensed waterworks."

Sec. 60, (FPPR) Licensed waterworks

(1) An authorized person who carries out a primary forest activity must ensure that the primary forest activity does not damage a licensed waterworks.

(2) An authorized person must not harvest timber or construct a road in a community watershed if the timber harvesting or road construction is within a 100 m radius upslope of a licensed waterworks where the water is diverted for human consumption, unless the timber harvesting or road construction will not increase sediment delivery to the intake."

Water Licence Information can be found on the Land and Water BC database

Sec. 61, (FPPR) Excavated or bladed trails

"An agreement holder who

(a) carries out timber harvesting, and

(b) constructs an excavated or bladed trail in a community watershed

must ensure that doing so does not cause sediment that is harmful to human health to enter a stream, wetland or lake from which water is being diverted for human consumption by a licensed waterworks."

Sec. 62, (FPPR) Roads in a community watershed

"(1) To prevent interference with the subsurface flow path of a drainage area that contributes to a spring that is a source of water for a licensed waterworks, the minister may

(a) identify a spring in a community watershed,

(b) specify a distance from the spring within which a person who constructs a road must not locate the road, and

(c) permit a person who constructs a road to locate the road closer to the spring than the distance specified under paragraph (b).

(2) If the minister does not specify a distance under subsection (1) (b), a person who constructs a road must not locate the road closer than a 100 m radius upslope of the spring identified under subsection (1) (a), unless the construction does not interfere with the subsurface flow path of a drainage area that contributes to the spring."

Sec. 63 (FFPR) Use of fertilizers

"(1) An authorized person who applies fertilizer within a community watershed for the purpose of carrying out a silviculture treatment must not apply fertilizer

(a) closer than a 100 m radius upslope of a licensed waterworks, or

(b) within 10 m of a perennial stream that is observable from an aircraft used to apply the fertilizer, if the application of the fertilizer results in

(c) nitrate nitrogen levels in the stream exceeding 10 parts per million if measured immediately below the area where the fertilizer is applied, or

(d) chlorophyll levels in the stream exceeding

(i) two micrograms per litre in a lake into which the stream drains, or

(ii) 50 milligrams per square metre in the stream.

(2) Subsection (1) does not apply if the use of fertilizer is restricted to spot applications."

VI. Factors to Consider in Developing Results & Strategies:

  • Note: due to an overlap between the water and fish values the, factors and exemptions outlined for fish wildlife and biodiversity in riparian areas should be also considered when developing results and strategies for water.

Sec. 2 Schedule - Factors (FPPR) Factors relating to objective set by government for water, fish, wildlife and biodiversity in riparian areas

"The following factors apply to a result or strategy for the objective set out in section 8 [objectives set by government for water, fish, wildlife and biodiversity within riparian areas]:

    (a) the type of management regime that is required for a riparian area, having regard to

    (i) the need to buffer the aquatic ecosystem of a stream, wetland or lake from the introduction of materials that are deleterious to water quality or fish habitat,

    (ii) the role played by trees and understory vegetation,

    (iii) the need to maintain stream bank and stream channel integrity, and

    (iv) the relative importance and sensitivity of different riparian classes of streams, wetlands, and lakes;

    (b) the type, timing or intensity of forest practices that can be carried out within the context of a management regime referred to in paragraph (a);

    (c) the role of forest shading in controlling an increase in temperature within a temperature sensitive stream, if the increase might have a deleterious effect on fish or fish habitat."

VII. Exemptions:

  • The Minister of Forests may grant an exemption for practices in regulation for riparian areas including riparian management areas, management and reserve zones.
  • The Minister of Forests cannot grant an exemption from requirements for fan destabilization and to retain trees as set out in the FSP for riparian management zones.
  • Due to an overlap between the water and fish objectives the exemptions outlined for the fish in Sec 50, 51, 55-63 (FPPR) should be also considered,

Sec. 91, (FPPR) Minister may grant exemptions

"(1) If the minister is satisfied that it is not practicable, given the circumstances or conditions applicable to a particular area, the minister may exempt

(a) a person from

(i) one or more of the following sections of the Act: 10; 29; 29.1; or

(ii) one or more of the following sections of this regulation: 41; 42; 46; 46.1; 50 (2) or (3); 51; 55 to 63; 68; 70 (1); 72; 73; 75; 76; 78; 79; 83 to 85 (1),

(b) a holder of any form of minor tenure from one or more specified provisions of this regulation, and may restrict the exemption to a holder of a minor tenure located in a particular forest region, forest district or other area of British Columbia."

Sec. 58, (FPPR) Use of livestock in riparian areas

Sec. 59 (FPPR) Protecting water quality

Sec. 60, (FPPR) Licensed waterworks

Sec. 61, (FPPR) Excavated or bladed trails

Sec. 62, (FPPR) Roads in a community watershed

Sec. 63 (FPPR) Use of fertilizers

Sec. 12.32 (FPPR), Conditional exemption - section 59, 60 or 61 (Feb. 24, 2005)

"(1) A person required to prepare a forest stewardship plan is exempt from section 59 as it pertains to cumulative hydrological effects on water quality affecting human health in community watersheds if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for water in a community watershed set out in section 8.2, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(2) A person required to prepare a forest stewardship plan is exempt from section 60 (2) as it pertains to cumulative hydrological effects on water quality affecting human health in community watersheds if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for water in a community watershed set out in section 8.2, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan.

(3) A person required to prepare a forest stewardship plan is exempt from section 61 as it pertains to cumulative hydrological effects on water quality affecting human health in community watersheds if the person

(a) prepares and submits to the minister the proposed plan, including an intended result or strategy for water in a community watershed set out in section 8.2, in relation to the areas of primary forest activity under the plan, and

(b) receives the minister's approval to the plan."

VIII. 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."

IX. 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.
  • Objectives for community watersheds (CW) were introduced as part of the February 24, 2005 regulation update in Sec. 8.2 (FPPR). (Feb. 24, 2005)
  • They will apply immediately to those watersheds that have been grand parented by the statute.

FTP site with water related supporting documents:

Water Related Resources:


FRPA Resource Evaluation Program:

Resource Values Indicators Site:


Other FRPA values: select form the list below:

  1. Soils
  2. Timber including Forest Health
  3. Wildlife
  4. Fish
  5. Water
  6. Biodiversity
  7. Cultural Heritage Resources
  8. Resource Features
  9. Recreation Resources
  10. Visual Quality
  11. 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.

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