APPENDIX 3
OVERVIEW OF GOVERNMENT AGENCIES

There are several government agencies, both provincial and federal, involved in the management of BC’s natural resources. Some issues related to forest land management fall under the jurisdiction of one particular agency; however, many require a cooperative effort between two or more agencies. Some agencies, such as the Ministry of Forests, play a large role in the management of forest resources, while others have limited involvement in matters directly affecting forest resource use in BC. This appendix briefly describes the various agencies that play a role in the management of forest resources. It also lists the legislation related to forest resource use which is administered by each agency (but this does not represent an exhaustive listing of the legislation administered by each agency). More detailed information is available directly from each agency, or at the web addresses listed throughout this Appendix. A list of contact numbers and addresses for each agency is provided in Appendix 4. Part 5.1 of the Guide provides an overview of much of the provincial legislation referred to throughout the Guide, while federal legislation is discussed in Part 5.2.

PROVINCIAL AGENCIES

The Forest Appeals Commission is an independent commission created under the Forest Practices Code to hear appeals of decisions made by the Ministry of Forests. Either a person about whom an order is made or the Forest Practices Board may appeal a decision to the Forest Appeals Commission, although only after first asking the Ministry of Forests to conduct its own internal review of the decision. 

In an appeal, the Forest Appeals Commission will hear evidence and argument from both sides and may decide to uphold the decision or to make a new decision. The Commission may also make recommendations, arising from the appeals it hears, as to the need for amendments to the Code or its regulations.

Further information about the Forest Appeals Commission can be found on its website at www.fac.gov.bc.ca.

The Forest Practices Board was created under the Forest Practices Code in 1995 as an independent agency to monitor forest practices in British Columbia. Under the Code, the Board must receive and investigate complaints from the public and may conduct its own audits or special investigations of forest practices. In making such a report, the Board can make recommendations on how to improve forest practices in the future

In addition, the Forest Practices Board may request that the Ministry of Forests do an internal review of certain types of decisions and, if it is not satisfied with the result, appeal a decision to the Forest Appeals Commission.

Further information about the Forest Practices Board can be found from its website at www.fpb.gov.bc.ca.

Forest Renewal BC is a Crown corporation created in April 1994. Its mandate is to "plan and implement a program of investments that will renew the forest economy of British Columbia…." To this end, FRBC funds a variety of forestry related projects, including activities intended to "enhanc[e] the productive capacity and environmental values of forest lands, creat[e] jobs, provid[e] training for forest workers, and strengthen local communities that depend on the forest industry." FRBC is funded from stumpage fees and royalties paid by industry to harvest timber on Crown land.

Further information about FRBC is available on their website at www.forestrenewal.bc.ca.

The Land Reserve Commission was created in April 2000 to regulate the Agricultural Land Reserve (ALR) and the Forest Land Reserve (FLR). These two reserves are intended to protect agricultural and forest lands from development. Land included in the reserves may not be developed without the Land Reserve Commission first approving its removal from the reserve. The Commission also oversees, as a general rule, the inclusion of new lands in the reserves.

The ALR and FLR were previously administered by separate commissions (the Agricultural Land Commission and the Forest Land Commission) but the Land Reserve Commission Act has given the Commission responsibilities for both types of reserve.

Further information about the Land Reserve Commission may be obtained from its website at www.lrc.gov.bc.ca.

The Land Use Coordination Office (LUCO) was established in January 1994 to act as a "central agency for government land-use planning." LUCO’s mandate is to "oversee, coordinate, evaluate and report to Cabinet on Ministries’ work to deliver the provincial land use strategy." Some of LUCO’s key roles are to ensure public participation in land use planning initiatives, to facilitate land use decisions, to coordinate inter-ministry programs and to ensure that land use plans are closely coordinated with social and economic considerations.

Further information about LUCO is available on their website at www.luco.gov.bc.ca.

The Ministry of Aboriginal Affairs is the agency primarily responsible for treaty negotiations in British Columbia. They administer the following legislation:

• First Peoples’ Heritage, Language and Culture Act

• Indian Cut-off Lands Disputes Act

• Sechelt Indian Government District Enabling Act

• Special Accounts Appropriation and Control Act

• Treaty Commission Act

Forestry related issues involving First Nations are also dealt with by the Aboriginal Affairs Branch of the Ministry of Forests.

Further information about the Ministry of Aboriginal Affairs can be found on their website at www.aaf.gov.bc.ca/aaf/.

BC’s Ministry of Energy and Mines is responsible for the management of oil, gas, geothermal and mineral resources throughout the province. They are also responsible for the regulation of mineral exploration and inspection of industry operations to ensure compliance with environmental and safety regulations.

The Ministry of Energy and Mines also appoints a Commissioner for Northern Development to deal specifically with Northern issues. The commissioner promotes economic development and investment in Northern BC. The Ministry of Energy and Mines administers the following legislation:

• Mineral Tenure Act

• Mining Right of Way Act

• Petroleum and Natural Gas Act

• Mines Act

• Northern Development Act

• Geothermal Resources Act

• Ministry of Energy, Mines and Petroleum Resources Act

Further information about the Ministry of Energy and Mines is available on their website at www.gov.bc.ca/em.

The Ministry of Environment, Lands and Parks plays a significant role in the management of BC’s natural resources. Their responsibilities include, among other issues, the management and conservation of wildlife, water resources, provincial parks, recreation areas and ecological reserves. There are seven regional offices: Vancouver Island, Lower Mainland, Southern Interior, Kootenay, Cariboo, Skeena and Omineca/Peace. Each region has branches for Corporate Services; Pollution Prevention; Fish, Wildlife and Habitat Protection; Land and Water Management; Enforcement; and, Planning and Assessment.

Those of you involved with forest land use planning often deal with the Resource Stewardship Branch (Fish, Wildlife and Habitat Protection) and the Forest Ecosystem Specialists (FES) for each district. The role of Forest Ecosystem Specialists is to "protect and maintain biological diversity and ecosystem viability." To this end, Forest Ecosystem Specialists work closely with Ministry of Forests officials to plan and integrate fish and wildlife habitat protection measures into forest management. They review forest development plans and other operational plans to determine whether fish and wildlife concerns have been adequately identified and addressed. Such concerns may include the protection of ungulate winter range, fish and wildlife habitat, and the maintenance of biodiversity. Forest Ecosystem Specialists also work closely with other agencies to implement land use plans and conduct ecosystem analysis and inventory.

The Ministry of Environment, Lands and Parks administers the following legislation:

• Ecological Reserves Act

• Park Act

• Wildlife Act

• Land Act

• Ministry of Environment Act

• Environment and Land Use Act

• Water Act

Further information on the Ministry of Environment, Lands and Parks can be found on their website at www.gov.bc.ca/elp.

The provincial government established a Ministry of Fisheries in February, 1998, to manage and conserve fish and fish habitat across the province in cooperation with the Ministry of Environment, Lands and Parks. The Ministry of Fisheries is also responsible for the management of the provincial seafood industry (commercial fishing and aquaculture sectors), the management of BC’s recreational fishery, and participates in negotiations with the United States for a Pacific Salmon Treaty. The BC Ministry of Fisheries administers the following legislation related to forest land use:

• Fisheries Renewal Act

• BC Fisheries Act

• Fish Protection Act

Further information about the provincial Ministry of Fisheries is available at
www.gov.bc.ca/fish.

The Ministry of Forests (MOF) is the largest government agency involved in the management of the province’s natural resources. The Ministry of Forests is responsible for the management of the timber, range and recreation resources of British Columbia’s Crown forest land. The Ministry manages the land for a variety of uses, administering programs in timber harvesting, silviculture, engineering, protection, recreation, forage and wildlife. The Ministry of Forests works in cooperation with other agencies, including the Ministry of Environment, Lands and Parks and the Ministry of Energy and Mines, in order to manage water, fish, wildlife, tourism, heritage, energy and minerals. The Ministry of Forests administers the following legislation:

• Forest Practices Code of British Columbia Act

• Forest Act

• Range Act

• Ministry of Forests Act

Further information about the Ministry of Forests can be found on their website at
www.gov.bc.ca/for.

The role of the Ministry of Small Business, Tourism and Culture in provincial forest land use tends to be limited to issues relating to the Heritage Conservation Act, such as the protection of heritage sites and heritage objects. The Heritage Conservation Act is discussed in Part 5.1.8 of the Guide. More detailed information about the Act, as well as a listing of current heritage sites in BC, can be found on the Ministry website at www.gov.bc.ca/sbtc/.

FEDERAL AGENCIES

The federal agency responsible for fisheries management is Fisheries and Oceans Canada. Their role, under the Fisheries Act, is to manage fish and fish habitat. Federal fisheries officers are responsible for the enforcement of the federal Fisheries Act, an overview of which is provided in Part 5.2.4 of the Guide. Fisheries and Oceans Canada administers the following legislation related to forest land use:

• Fisheries Act

• Oceans Act

• Coastal Fisheries Protection Act

Further information about the federal Ministry of Fisheries is available at the Ministry’s website: www.ncr.dfo.ca.

Parks Canada is a division of the Department of Canadian Heritage. They are responsible for the management of national parks, national historic sites and national marine conservation areas. Parks Canada administers the following legislation related to forest land use in BC:

• National Parks Act

• Historic Sites and Monuments Act

Further information about Parks Canada is available at www.parkscanada.pch.gc.ca.

The Pacific/Yukon region of Environment Canada has a limited role in forest resource management across the province, focusing on issues that fall under federal jurisdiction. They are involved in environmental protection, monitoring and compliance, research and development, and education. Environment Canada administers the following legislation:

• Canada Wildlife Act

• Migratory Bird Convention Act

Further information about Environment Canada is available on their website at
www.pyr.ec.gc.ca.

The Department of Indian Affairs and Northern Development is involved with treaty negotiations between the federal government and First Nations in BC. In cooperation with First Nations, the Department of Indian Affairs administers the Indian Act, under which they play a role in the management of land and resources on reserves. This includes the management of timber harvesting activities on Indian reserves, under the Indian Timber Regulations. The Department of Indian Affairs and Northern Development administers several federal Acts. Further information is available on their website at www.inac.gc.ca.

The Canadian Forest Service has a limited role in the management of provincial forests. They are involved primarily in science and technology research and the development of national and international forest policy. They currently manage two models forests in the province: the McGregor Model Forest and the Long Beach Model Forest. The Canadian Forest Service also manages the Pacific Forestry Centre, a research station in Victoria. The Canadian Forest Service is responsible for the administration of the following legislation:

• Forestry Act

• Department of Natural Resources Act

Further information is available on their website at www.nrcan.gc.ca/cfs/.

The Canadian Environmental Assessment Agency is responsible for environmental assessment at the federal level. Their role in forest resource management is related to process development and the assessment of development projects that fall under federal jurisdiction. The Canadian Environmental Assessment Agency works to integrate environmental factors into federal decision making. They administer the Canadian Environmental Assessment Act, the details of which are discussed in Part 5.2.1 of the Guide. Further information is available on their website at www.ceaa.gc.ca.

 

09.29.2006