WCEL Home Forestry

| Publications | Forestry Links | Guide to Forest Land Use Planning

This page is now out of date.  You should be automatically redirected to the new page.  If not, please click here.

West Coast Environmental Law, in coordination with several other non-governmental organizations, has recently launched a website designed to keep track of forest certification developments in BC, particularly those related to Forest Stewardship Council (FSC) certification. By visiting GoodWoodWatch.org, you can find out more about certification activity around the province and how to get involved. You can also download our Briefing guide to the FSC-BC Regional Certification Standards Draft 2 (see Briefs, reports, and discussion papers, below).

On the face of it, the 1990s saw significant legal and policy changes in relation to forestry in British Columbia. The advent of the Forest Practices Code of British Columbia Act in 1995 represented a welcome codification of certain basic protections for non-timber forest values, while the introduction of wide-scale strategic land use planning (resulting in regional Commission on Resources and Environment (CORE) plans and sub-regional Land and Resource Management Plans (LRMPs) has involved British Columbians in forest land use planning to an unprecedented extent.

However, despite these changes, there has been virtually no movement towards solutions to the more fundamental obstacles that undermine sustainable forest use in British Columbia. The legal framework for forest use, outside of protected areas, remains one of “constrained timber extraction.” In other words, the legal mechanisms through which rights over forest lands are allocated (the tenure system), and the legal requirements for forest planning and forest practices, remain primarily driven by the imperative of extracting a certain volume of timber off the land each year, to produce commodity products such a pulp and dimension lumber as cheaply as possible for export into volatile global markets. In this context, protections for values such as water, fish habitat, biodiversity, species at risk, and cultural and heritage values are viewed as mere “red tape” or unwarranted limitations on this underlying imperative.

There is very little space, legally, politically and physically in British Columbia to practice ecologically and socially responsible forestry. The provincial forest is essentially fully allocated to a handful of large integrated forestry companies. When two recent take-overs are completed, less than fifteen companies will control 70% of the allowable annual cut in BC.

The result has been that important decisions affecting the lives of people who live in forest-based communities are made not at city hall but in corporate boardrooms in Vancouver, Toronto or outside the country. These corporations’ efforts to remain competitive by reducing costs have lead to economically efficient but ecologically destructive forest practices, and investments in capital intensive technology that have driven employment down despite increased cut levels.

The present allowable annual cut in BC is far above what our forest ecosystems can sustain. Even using the Ministry of Forests' own measures, the cut in the timber supply areas of the province is currently 22% above the harvest level that can be maintained in the long term. Furthermore, the capacity of BC’s mills, which were designed for the rapid cutting of old growth forest, outstrips the forest resource available in the long run to feed these mills.

Without fundamental change in how our forests are allocated and managed, the future BC faces will involve the depletion of our old growth forests outside of protected areas, with concomitant negative impacts on non-timber forest values, as well as social dislocation in forest-based communities.

West Coast Environmental Law’s Forestry Outreach Program provides hard-hitting legal and policy analysis, educational tools and free legal advice aimed at putting forest use in British Columbia on a more sustainable track.

Publications

Books

Guide to Forest Land Use Planning (1999)

West Coast's Guide to Forest Land Use Planning is a comprehensive guide to the laws, regulations and policies governing forest land use planning in British Columbia. Hard copies of the guide may be ordered from our office. $25 for non-members, $22 for WCEL members

Briefs, reports, and discussion papers
Note: prices are for printed copies. Online versions are available free of charge.

Bullet WCELA Initial Analysis of Protected Areas Forests Compensation Act (May, 2002) [PDF 57Kb]    
Bullet New Ministry of Forests and Ministry of Sustainable Resource Management Initiatives: Key Concerns (May, 2002) [PDF 49Kb]    
Bullet Tenure Reform (September 2007) [PDF 320 Kb]
Document Summary: The nature of the forest industry in British Columbia is closely linked to the forest tenure system through which rights and responsibilities for forest management are allocated. Dealing honourably with Aboriginal Title and Rights in the forestry context demands substantial reform to the tenure system. There are legal, ecological, social and economic imperatives for doing so. This law reform paper from West Coast Environmental Law first provides an historical overview of these; second, highlights key considerations in reforming the forest tenure system; and finally, proposes three potential models for reform.
Bullet Timber Rules : Forest Regulations Lower Standards, Tie Government Hands and Reduce Accountability (March 2004) [PDF 80 Kb]
Document Summary: With the release of new forest practices regulations effective January 31, 2004, the BC provincial government has now finalized its 'results-based' forest management regime. In November 2002, it passed the Forest and Range Practices Act (FRPA), but the legislation did not contain enough details to give a clear indication of what the overall regime would look like. The government claims to have reduced regulatory requirements by 55% by eliminating unnecessary red tape and paperwork. But in the process, measures designed to protect the environment have been cut.
Bullet Provincial Forestry Revitalization Plan - Forest Act Amendments: Impacts and Implications for BC First Nations (August 2003, $2.00) [PDF 325 Kb]
Document Summary: This discussion paper analyses the impacts and implications of recent Forest Act amendments contained in Bills 27, 28, 29, 44 & 45 for BC First Nations. In spring 2003, the British Columbia provincial government introduced 5 pieces of forestry legislation. These bills contain the most significant changes to the Forest Act in over 50 years, and represent a complete overhaul of the regime for forest tenure and pricing in BC. Yet, despite the significance of the changes, no meaningful consultation or accommodation of First Nations has occurred. The package of Forest Act changes reflects Liberal campaign goals of increasing certainty and decision-making control for the forest industry, while attempting to ''manage'' two risks that could undermine these goals: the softwood lumber dispute and the Province’s legal obligations to First Nations.
Bullet Submission & response to Stan Hagen re Bill 21 - Agricultural Land Commission Act (June 2002, $1.00) [PDF 350 Kb]
Document Summary: We are writing to provide input regarding Bill 21. We are not aware that there was any public consultation on this new legislation prior to its introduction in the Legislature, despite the important issues of public policy it contains. We are nevertheless writing at this late stage in the hope that you are open to changes and will receive this as constructive to the legislative process. As a general comment, although we recognize that the government is maintaining the essential elements of the agricultural land reserve protection regime, we believe the government is putting those protections at risk by authorizing delegated approval of subdivision and non-farm use without appropriate checks and balances. We are also very disappointed that you are repealing the key features of the forest land reserve without any public process. Bill 22 introduces positive changes that improve the Agricultural Land Commission’s enforcement capabilities, but it also raises the following important issues that we would like to bring to your attention.
Bullet A Review of TFL 49 (Riverside) Pilot Project (April 2002, $1.00) [PDF 140 Kb]
Document Summary: Our review focused primarily on assessing the draft pilot regulation (the Regulation) for compliance with Part 10.1 of the Forest Practices Code (the Code); in some cases we have also provided our perspective as to the public policy issues surrounding the Regulation. At the present time, the pilot project does not meet the requirements of Part 10.1 of the Forest Practices Code, for the reasons discussed below.
Bullet A Results-Based Forest and Range Practices Regime for British Columbia (June 2002, $1.00) [PDF 660 Kb]
Document Summary: The BC Government has asked the public to comment on a paper entitled 'A Results-Based Forest and Range Practices Regime for British Columbia'. The Discussion Paper proposes extensive changes to the Forest Practices Code. We hope that the government will consider and incorporate public comment into any changes to the Code. Accordingly, this report is an extensive review of the Discussion Paper, providing both a critique and suggesting alternative approaches to amendments to the Code. However, we remain skeptical of the government’s interest in public consultation due to the tight time-line imposed both on the public and on legislative drafters, as well as the fact that cuts to Ministry of Forests staff prior to opening the matter up for public discussion, all of which may constrain what type of Code BC can expect.
Bullet Further Comments on Results-Based Pilot Projects (March 8, 2001, $1.00)
Document Summary: this letter represents further comments by the BCEN Forest Caucus on the development of pilot projects under Part 10.1 of the Forest Practices Code. I understand that the Stillwater Pilot Project Regulation will be considered shortly by the Joint Steering Committee. Please bring this letter to the attention of the JSC and Cabinet in their deliberations on this matter.
Bullet Briefing guide to the FSC-BC Regional Certification Standards Draft 2 (June 2001) [PDF 640 Kb]
Document Summary: In late May 2001, Draft 2 of the Forest Stewardship Council (FSC) Regional Certification Standards for British Columbia was released for public comment. This Briefing Guide has been prepared by West Coast Environmental Law Association to assist British Columbians in commenting on Draft 2 of the FSC-BC Regional Standards. These briefing materials are not official FSC documents, and are not intended to replace a thorough reading of the draft Standards themselves.
Bullet Review of Weyerhaeuser’s Stillwater Timberlands pilot project (November 3, 2000, $1.00)
Document Summary: The following review of the Stillwater Timberlands Pilot Project was prepared on behalf of the BC Environmental Network Forest Caucus by Jessica Clogg; staff counsel at West Coast Environmental Law and Laurel Brewster; forestry advisor at the Sierra Legal Defence Fund. Our review focused primarily on assessing Draft 7 of the Stillwater Pilot Project Regulation for compliance with Part 10.1 of the Forest Practices Code. It should be noted that we have not had the opportunity to review the Forest Stewardship Zone map and cannot comment on whether this zonation will adequately manage and conserve the forest resources of the area. At the present time, in our opinion, the Pilot Project does not meet Part 10.1 of the Forest Practices Code. The following concerns were raised during a meeting with Weyerhaeuser staff on November 2, 2000.
Bullet Getting Beyond the Softwood Lumber Dispute: Solutions in BC’s Interest - Preliminary Recommendations (September, 2001) [PDF 75 Kb]
Document Summary: On August 9, the US Department of Commerce imposed a 19.3% duty on all softwood lumber products imported from Canada, with the exception of those from the Maritimes. The BC Government’s response has been three-fold and inconsistent. This paper contains preliminary recommendations for discussion. These recommendations range from changing control patterns over BC’s timber supply, to implementing diverse and transparent timber pricing mechanisms, to justly addressing Aboriginal Title.
Bullet A Legal Opinion Regarding the Report: ''An Economic Analysis of Whether Long-Term Tenure Systems in British Columbian Provincial Forests Provide Countervailable Subsidies To Softwood Lumber Imported into the United States,'' by Dr. William D. Nordhaus (August 7, 2001) [PDF 75 Kb]
Document Summary: We have been asked by two BC non-governmental organizations, Forest Futures and the Sierra Club of British Columbia, to analyze the legal assumptions behind the report entitled ''An Economic Analysis of Whether Long-Term Tenure Systems in British Columbian Provincial Forests Provide Countervailable Subsidies To Softwood Lumber Imported into the United States,'' by Dr. William D. Nordhaus. We have attempted to restrict ourselves to examining British Columbian law as it relates to the Report. In addition, this opinion does not address the potential impacts of the existence of constitutionally protected aboriginal title on the rights of government and licensees’ in provincial forests.
Bullet Review of Bulkley Results-Based Forest Practices Code Pilot Project (January 31, 2001, $1.00)
Document Summary: The following review of the Bulkley Results-Based Forest Practices Code Pilot Project (the
Bullet Review of Fort St. John Pilot Project (December 21, 2000, $1.00)
Document Summary: The following review of the Draft Fort St. John Pilot Project was prepared on behalf of the Forest Caucus of the BC Environmental Network by Jessica Clogg, staff counsel at West Coast Environmental Law, and Laurel Brewster, forestry advisor at the Sierra Legal Defence Fund. Our review focused primarily on assessing the draft pilot regulation for compliance with Part 10.1 of the Forest Practices Code; however, in some cases we have also provided our perspective as to the public acceptability of the pilot. In our opinion, at the present time the pilot project does not meet the requirements of Part 10.1 of the Forest Practices Code.
Bullet Legal Opinion on the NAFTA Chapter 11 Implications of the Proposed Acquisition of MacMIllan Bloedel by Weyerhaeuser (September 2, 1999)
Document Summary: The BC Minister of Forests must consent to the change of control of MacMillan Bloedel Limited contemplated by the June 20, 1999 merger agreement between Weyerhaeuser Company, MacMillan Bloedel Limited, and a BC subsidiary of Weyerhaeuser. The following legal opinion addresses the implications of the North American Free Trade Agreement (the
Bullet Guide to forest land use planning (November 1999, $25.00) PDF
Document Summary: West Coast's Guide to Forest Land Use Planning is a comprehensive guide to the laws, regulations and policies governing forest land use planning in British Columbia. Hard copies of the guide may be ordered from our office. $25 for non-members, $22 for WCEL members. Updated by Jessica Clogg, November 1999, and Andrew Gage, March 2001. Reprinted (March 2001 updates) in August 2001, without binders.
Bullet Forest Policy Review Brief (1999, $2.00)
Bullet Comments on the Public Consultation Draft of the Forest Stewardship Council Regional Certification Standard for British Columbia (November 19, 1999, $2.00)
Bullet Tenure Background Paper : Kootenay Conference on Forest Alternatives : Forest Tenure Reform : A Path to Community Prosperity? (October 1999, $2.00)
Bullet The MacMillan Bloedel Settlement Agreement: Submissions to Mr. David Perry (June 30, 1999)
Document Summary: The following submissions build upon and clarify our submissions of June 10, 1999. The two submissions should be read together, as points raised earlier have not necessarily been repeated below. The specific issues addressed in this submission are: 1. our support for the concerns raised by affected communities regarding the implications of forest privatisation and tree farm licence (TFL) removals on sustainable forest jobs, biodiversity, fish and wildlife habitat, community well-being and public input in forest management decisions; 2. the constitutionality of the Settlement Agreement and the impact of tree farm licence (TFL) removals on aboriginal rights and title; and 3. clarification of compensation issues.
Bullet Submissions to Mr. David Perry On the issue of Minister of Forests’ Consent to the Weyerhaeuser Acquisition of MacMillan Bloedel (September 7, 1999)
Document Summary: The West Coast Environmental Law Association welcomes the opportunity to make submissions to assist the Minister of Forests in his decision whether to consent to the acquisition of MacMillan Bloedel Limited by Weyerhaeuser Company. It is our position that the Minister should not consent to the change of control over MB. At this point in the history of BC, any change of control over the forest land base should prioritise diversification, not increasing corporate concentration.
Bullet The MacMillan Bloedel Settlement Agreement: Submissions to Mr. David Perry (June 10, 1999)
Document Summary: West Coast Environmental Law understands that the terms of reference of the MacMillan Bloedel Settlement Agreement Consultation Program include: determining whether the proposed land transfers to MB can be done without infringing aboriginal rights and title; assessing the implications of the proposed transfers, and providing advice to government respecting which of the transfers under consideration should be implemented. For the reasons set out below, the position of WCEL is that: 1. the Settlement Agreement is a serious and unjustifiable infringement of aboriginal rights and title; 2. the implications of the proposed transfers are overwhelmingly negative for sustainable forest jobs, biodiversity, fish and wildlife habitat, and community well-being; and 3. none of the transfers under consideration should be implemented
Bullet Save BC's Public Lands : Collected Materials Concerning the Campaign to Save BC's Public Lands (Summer 1999)
Document Summary: In March 1999, the government of British Columbia announced that it was considering privatising and turning over up to 30,000 hectares of public land to logging giant MacMillan Bloedel (MB), and removing up to 91,000 hectares of existing private land from Tree Farm Licences 39 and 44. This deal was an out of court settlement of MB's compensation claim arising from park creation on Vancouver Island. In the settlement agreement the government agrees to pay MB 83.75 million dollars in either land or cash. The government hired Victoria lawyer David Perry to do a series of public consultations on the settlement agreement. Perry's primary mandate was to answer the question: land or cash? All the consultations were held during a three week in June 1999. In order to raise awareness about the settlement agreement and to encourage people to attend the Perry consultations, the Campaign for BC's Public Lands worked with local groups to organise information meetings in 11 communities affected by the settlement agreement prior to the consultations.
Bullet Oral Submissions to the Forest Policy Review Process Public Forum (November 16, 1999)
Document Summary: David Zirnhelt, Minister of Forests has stated that he hopes that this Forest Policy Review Process
Bullet Tenure Reform for Ecologically and Socially Responsible Forest Use in British Columbia (January 1997)
Bullet Comments on Bill 47 Forest Statutes Amendment Act, 1997 Proposed Changes to Enforcement and Compliance Provisions : Addendum to July 24th, 1997 comments on Proposed changes to Part IV,Division 3 - Administrative Remedies in the Forest Practices Code of BC (July 29, 1997)
Bullet Comments on Proposed Changes to Part IV, Division 3 - Administrative Remedies in the Forest Practices Code of British Columbia Act. (July 24, 1997)

Newsletter articles

Campaign to Save BC's Public Lands backgrounders (June 1999)

The Campaign to Save BC's Public Lands was a network of social justice, environmental and labour groups which came together in response to a provincial government proposal to privatize and deregulate up to 120,000 ha of forest land in the spring of 1999. These groups support a set of core principles about resisting privatisation and promoting community control of forests, in a manner that is fair to all British Columbians, and that respects the rights and title of First Nations. The following backgrounders were prepared by the Campaign Coordinating Committee, including Jessica Clogg of West Coast, to encourage informed public debate about privatisation:

Updates on the Campaign to Save BC's Public Lands:

West Coast Environmental Law web site - Last modified on June 04, 2003.