Implementation of Private Plans

If a private party develops a plan, there may be a question as to whether and how the plan will actually be implemented.  If the private party has complete control over the land or operations covered by the plan, he or she may be able to implement the plan.  Often, however, a plan will affect a range of resource users or rights holders.  In other cases, government may have rules about how the land or operations can be managed.  In these cases implementation of the plan is not just up to the property owner. 

Private Implementation

As noted, if the plan affects only the legal rights of the plan maker, then he or she will be able to implement it, although there may be economic or policy reasons for not doing so.  However, there is generally no way to force a private operator or land-owner to implement a plan of their own devising.  While private parties should be encouraged to manage for watershed values (and some conservation groups report remarkable results with informal “handshake” agreements with private property owners being used to protect ecological values), a watershed advocate may ultimately have to rely on the goodwill and honour of the private operator.

Having said that, there are some ways in which a purely private plan could become enforceable.  These include:

·         A private property owner may choose to register a “conservation covenant” on the title to his or her property, requiring all future land owners (including his- or her-self) to follow the covenant. 

·         A private party could enter into a legally enforceable contract with a conservation group or other party to implement the plan.  The contract could then be enforced by the party who held the contract against the private party.

·         A company that has had its operations certified by a third party-body may be required by the certifying body to abide by the plans it develops.  

·         If a private party develops a plan and gives another person reason to believe that the plan will be implemented, then the private party may open itself up to a claim for damages on grounds of “negligent misstatement” if the plan is not implemented, but the person has acted on the understanding that the plan will be implemented. 

Private plans can only become binding in one of the above ways if the party that controls the land or operations in question agrees to be bound by them.  For this reason, think carefully before you demand an enforceable plan.  Small property owners may well resent a demand that they give up legal rights over their property, but may be quite willing to be a good neighbour and protect a key piece of habitat on a voluntary basis. 

Public Plans based on Private Plans

When a plan affects Crown land or multiple resource users, and not merely the operations or land of a private party, then government government may consider plans developed by private parties in making decisions.  Plans required by specific Acts are discussed elsewhere on this website.  However, the current provincial government is looking at different ways to encourage and implement plans done by industry on provincial lands:

·         Sustainable Resource Management Planning – Under the Forest Practices Code the government may identify and set objectives for “landscape units” – areas on Crown Land that should be managed for special objectives.  Landscape unit objectives are not limited to objectives related to logging, and can deal with recreational access, mining access, etc.  Under current government policy, these objectives may be developed “in partnership” with industry, with industry taking a lead role.  If the government approves, therefore, a private industry planning process can form the basis of developing one or more legally enforceable objectives for a particular area. 

·         Sustainable Forest Management Plans – Government is currently encouraging forest companies to develop Sustainable Forest Management Plans.  Although not required by any statute, logging companies may obtain funding from the Forest Investment Account (government funds) to develop these plans, and the plans can consolidate a lot of information that is required in plans that are required.  In addition, the government has suggested that these plans may form the basis of Sustainable Resource Management Plans (above). 

Government can also adopt plans made by private parties as their own.  For example, the Great Bear Rainforest received government protection after logging companies, environmentalists and First Nations got together and agreed amongst themselves on areas to be protected, areas to be evaluated for protection and a new system of logging to be used. 

Related Guide Pages:

·         Planning Outside of Government

·         Sustainable Resource Management Planning

·         Sustainable Forest Management Plans

·         Land Title Act (Conservation Covenants)

For more information about Implementing Private Plans:

·         Welcome to the Great Bear Rainforest – A website on one area protected by government as a result of private planning.