Forest Practices – Results and Rules

Forest law in British Columbia is currently in a state of flux.  The Forest Practices Code (the “Code”) has for almost a decade set out what planning has to be done before logging takes place.  However, the current government has introduced new legislation, the Forest and Range Practices Act (the “FRPA”), which, once the regulations are developed, will replace the Forest Practices Code.  The two pieces of legislation are significantly different in the detail of planning required under each.  Both statutes are administered by the provincial Ministry of Forests.

 

The Forest Practices Code was characterized by government supervised planning.  The new Forest and Range Practices Act purports to be more “results-based”, with reduced planning requirements and clearer “results” that industry must meet.  Unfortunately the Act, as passed, does not contain any of these results – they are all promised in regulations, not yet developed. 

 

A discussion paper and other documents outlining what the results might look like have been criticized by environmental organizations as being vague and unenforceable.  The environmental community is also concerned that “results-based” regulation will mean that environmental harm will be punished after the fact (if detected) but there will be less emphasis on prevention.  See the Guide’s Forest Practice Enforcement page for more information. 

 

The FRPA and the Code both allow government to set objectives – over and above those required by the legislation and regulations – for particular areas or to meet special goals.  These objectives set a further level of “results” which must be met and are discussed in more detail on the Guide’s Forest Practices – Government Objectives page. 

 

This page will be rewritten, along with other Guide pages about forest legislation and planning, as the regulations for the FRPA become available and come into force.  In the meantime, please consult West Coast Environmental Law’s Guide to Forest Land Use and Planning for information about plans and other legal requirements under the Code. 

Related Guide Pages:

·         Forest Practices Code

·         Forest Practices – Government Objectives

·         Forest Practices -- Enforcement

For more information about the Forest and Range Practices Act and the Forest Practices Code:

·         Electronic copies of the Forest Practices Code and the Forest and Range Practices Act

·         West Coast Environmental Law’s Guide to Forest Land Use and Planning (1999)

·         West Coast Environmental Law’s Deregulation Backgrounder on the Forest and Range Practices Act

·         Ministry of Forests website.