Enhancing the Board’s Ability to Appeal Forest Development Plan Approvals:
- A special report on the need to amend Section 40 of the Forest Practices Code of British Columbia Act and Section 2 of the Administrative Review And Appeal Regulation.
- The Forest Practices Code empowers the Forest Practices Board to appeal certain government decisions to administrative review panels. Among other things, the Board is the only body that can appeal the approval of a forest development plan (FDP).
- This allows the Board to act when it appears that an FDP has been prepared in contravention of the Forest Practices Code. At the request of concerned citizens, or acting of its own accord, the Board can represent the public interest by appealing the approval of the FDP.
- The Board’s ability to appeal FDP approvals is an important safeguard that helps assure the public that FDPs—the highest level of operational plan, which sets the direction for future logging and road construction in a particular area—will meet Code requirements.
During development of British Columbia’s Forest Practices Code (the Code), there was public concern about whether forest companies would follow the Code and whether government would enforce it. As a result, the provincial government created the Forest Practices Board to act as an independent watchdog.
In order to audit the appropriateness of government’s enforcement activities, the Board first had to develop an understanding of how government goes about enforcing the Code – what is the infrastructure and what are the processes government has put in place to carry out this responsibility? Accordingly, the Board embarked upon this audit of government’s framework for enforcement of the Code.
This audit consisted of two parts, first a review of the current infrastructure government ministries have in place for enforcement and second, extensive interviews with people involved in Code enforcement, both in the field and at headquarters.
Section 189(3) of the Forest Practices Code of British Columbia Act allows the Forest Practices Board to report to government and the public on matters related to Board duties. In considering whether or not to issue such a report, the Board considers a number of factors, including whether a report would serve the public interest by:
- helping to improve forest management
- helping to sustain public confidence in forest management
- encouraging fair and consistent application of the Forest Practices Code, and/or
- clarifying the interpretation or application of the Code.
The aim of the following report is to suggest changes to reform in the way that some administrative reviews are conducted, in order to enhance public confidence in the new forest practices regulatory system.
The new Forest Practices Code of B.C. Act requires a review of all cutblocks (areas identified for timber harvesting) approved before June 15, 1995, and scheduled for harvesting after that date.
These cutblocks must be assessed for conformity with five significant requirements of the Act and the Cutblock and Road Review Regulation.
The Forest Practices Board carried out this study about four months into the six-month period in which cutblocks must be assessed and reported. The study provides an early indication of:
- how many cutblocks must be reviewed;
- how many cutblocks have been assessed and reported;
- how many cutblocks are reported to conform with the Regulation’s requirements; and,
- which of the Act’s five significant requirements substantively affect the cutblocks.
The work by the Board allowed it to provide a timely indication of the effect the Act may have on harvesting plans that were in place when the Act came into force on June I5, 1995.
After December 15, 1995, when all cutblocks are assessed and reported, the reports will be reviewed by Ministry of Forests’ district and regional managers to determine if changes to previously approved plans are needed.
