Section 41 of the Forest Practices Code – Adequate Management and Conservation of Forest Resources

Section 41 of the Forest Practices Code of British Columbia Act (the Act) governs the approval of operational plans to effect forest operations on Crown land. An operational plan in the Act means a forest development plan, logging plan, range use plan, silviculture prescription, stand management prescription and site plan. Section 41(1)(a) states that district managers may only approve an operational plan if it has been prepared according to the Forest Practices Code of British Columbia Act and related regulations (the Code). It also states in section 41(1)(b) that district managers must be satisfied that the plan will “adequately manage and conserve” forest resources in the area of the plan. Section 41 was to be informed by strategic planning as provided for in Part 2 of the Forest Practices Code of British Columbia Act. Without a completed Code, there has been a greater need for discretion in the section 41 decisions by statutory decision-makers.