There are both federal and provincial land use designations for protected area-type purposes. These designations allow for varying degrees of protection of natural resources for an area. Some designations are made by an act of the legislature or parliament, some by Order-in-Council, and others are simply policy-based notations on maps prepared by government agencies. Management of these areas spans three main agencies: the provincial Ministry of Environment, Lands and Parks and the provincial Ministry of Forests, and the federal Parks Canada. Twelve of the key designations are discussed below.

In addition to these land use designations, regulations governing human behaviour or activity may be made under various statutes for similar purposes. For example, under the Motor Vehicle (All Terrain) Act, Cabinet may pass regulations restricting or prohibiting the use of all terrain vehicles and snowmobiles.

 

4.2.1 ECOLOGICAL RESERVES

Ecological reserves are areas of Crown land that have been reserved for ecological purposes. They are established under the Ecological Reserves Act through the publication of a notice in the BC Gazette by the minister responsible. Presently, that is the Minister of Environment, Lands and Parks. While this designation procedure makes ecological reserves relatively easy to establish administratively, they may also be amended or cancelled in the same manner.

The ecological reserve designation provides strong legal protection because the Act and regulations and orders made under it prevail over all other provincial legislation.

Upon designation, ecological reserves are withdrawn and reserved from any further disposition that might otherwise be granted under any Act or law in force in British Columbia. This includes all dispositions under the Coal Act, Forest Act, Land Act, Mineral Tenure Act, Mining Right of Way Act, Petroleum and Natural Gas Act, Range Act, and Water Act. "Disposition" is very broadly defined in section 1 of the Ecological Reserves Act.

The Ecological Reserves Act lists the following as the types of Crown land that may be designated:

• areas suitable for scientific research and educational purposes associated with studies in productivity and other aspects of the natural environment;
• areas that are representative examples of natural ecosystems in British Columbia;
• areas that serve as examples of ecosystems that have been modified by human beings and offer an opportunity to study the recovery of the natural ecosystem from modification;
• areas where rare or endangered native plants and animals in their natural habitat may be preserved; or,
• areas that contain unique and rare examples of botanical, zoological or geological phenomena.

Human activities within ecological reserves are strictly regulated by the Ecological Reserve Regulations. Even research and educational use requires a permit.

As of March 2001, there were 148 ecological reserves in British Columbia, comprising an area of about 167 000 hectares. A small portion of this area – approximately 4,431 hectares – overlaps existing provincial parks. Over two-thirds of the total area of ecological reserves are Crown lands, while about one-third are marine waters. 

 

For Further Reference

Legislation: Ecological Reserves Act. RSBC 1996, c.103.

Regulation: Ecological Reserve Regulations. BC Reg. 335/75.

 

4.2.2 ENVIRONMENT AND LAND USE ACT DESIGNATIONS

The Environment and Land Use Act is strong legislation which allows the provincial government to tailor land use regimes to meet particular objectives. It has been used in the past when the government wishes to formally designate areas where the desired management objectives do not neatly fit into any of the other designations available.

As discussed in Part 5.1.3, section 7 of the Environment and Land Use Act allows Cabinet to make any orders it "considers necessary or advisable respecting the environment or land use." This is a strong provision, because the power is not subject to any other Act or regulation. It has been exercised in the past to protect areas such as the Purcell Wilderness Conservancy (which is now a Class A provincial park).

More recently, the Environment and Land Use Act has been used for areas which are generally recommended for protection in land use plans, but where access corridors for resource extraction outside the protected area will be allowed. Designation as a Class A provincial park under the Park Act would not allow access roads for resource extraction, so in very limited circumstances the Environment and Land Use Act is resorted to instead. Under section 6 of the Park Act, Cabinet may authorize BC Parks to manage and administer areas designated in this manner.

As of March 2001 there are fifty-three Environment and Land Use Act designations in the province, covering an area of about 803,000 hectares.

 

For Further Reference

Legislation: Environment and Land Use Act. RSBC 1996, c.117.

Park Act, RSBC 1996. c.344, s.6.

 

4.2.3 GREENBELT LAND

In the 1970s, the provincial government managed a program to designate public land, or private land purchased by the government or donated by land owners, as greenbelt land under the Greenbelt Act. Greenbelt land is only generally defined in the legislation as land that the minister responsible considered to be "suitable for preservation as greenbelt land." Under section 3 of the Greenbelt Act, the designation may be made by Order-in-Council of Cabinet for the purposes of "establishing and preserving greenbelt land." The legislation is not specific about what land use activities may be carried out on greenbelt land. It merely states that the minister responsible for Crown land "may carry out maintenance, improvement and development work on greenbelt land."

Although the Greenbelt Act requires that a greenbelt register be kept which records all greenbelt land, it is difficult to determine the full extent to which this designation has been used because of changes in the administration and management of much of the greenbelt land. The Greenbelt Act was passed in 1977. It was preceded by the Greenbelt Protection Fund Act, which enabled the provincial government to acquire private property for the purpose of preservation as greenbelt land. In some parts of the province, land was acquired, but never officially designated as greenbelt land by the required Order-in-Council.

In the mid-1980s, the provincial government reviewed the greenbelt program. In some cases, greenbelt land was reallocated to other agencies for purposes such as park or wildlife habitat conservation. This is why section 6 of the Park Act authorizes the minister responsible for provincial parks to manage greenbelt land. In addition to provincial parks, at least one piece of former greenbelt land is now a regional park, managed by the Greater Vancouver Regional District. In other cases, the greenbelt land was sold by the government of the day.

One example of the greenbelt land designation in the Lower Mainland is a large, 24 000 hectare reserve over Roberts Bank, Sturgeon Banks, Boundary Bay and the lower Fraser River. The land is predominantly submerged by water, and is managed by the Ministry of Environment, Lands and Parks as a wildlife management area.

 

For Further Reference

Legislation: Greenbelt Act. RSBC 1996, c.176.

 

4.2.4 HERITAGE RIVERS

Both the provincial and federal governments have heritage river programs. Unlike most of the land use designations discussed in this Guide, these designations are not legislative and therefore have no legal ramifications or consequence in terms of influencing land use activities. Rather, the designations are policy-based, "commemorative" designations that acknowledge provincial and national heritage values associated with certain rivers that are historically and naturally important. The objective of designation is to highlight these rivers in the expectation or hope that land and resource managers will voluntarily apply management standards and practices which uphold the values the public places on these rivers.

 

Provincial Heritage Rivers

British Columbia adopted a BC Heritage Rivers System (BCHRS) in May 1995. A public board known as the BC Heritage Rivers Board was appointed to manage the heritage rivers program. The mandate of the board was:

• to identify and recognize provincially significant rivers for their natural, cultural heritage, and recreational values;
• to encourage a greater focus on provincially significant rivers in the appropriate land use planning processes; and,
• to promote greater public awareness and improved stewardship of all rivers throughout the province.

The Board solicited public input on candidate rivers and assessed the rivers on the basis of:

• the importance of the river as a model of the benefits of integrated resource management rather than focusing on single purpose protection or use;
• the role of First Nations in the cultural heritage of the province and their continuing role in its growth and development;
• the level and nature of demand, constituency or public support that has developed for a river over recent years;
• the importance of regional representation in creating a truly provincial system;
• the diversity, including setting, size, and environment of physical types of the selected rivers;
• the balance of natural history, human history and recreational values;
• the ability to recognize a river in its entirety, from the source to mouth, and to strive for a watershed approach to planning and management; and,
• the potential of a river to achieve the Board’s stated vision for the river.

The B.C. Heritage Rivers Board’s mandate is finished as of the end of March 2001.

 

Provincial Heritage Rivers Designated to Date

The province has designated twenty heritage rivers. Designation is by Order-in-Council, although not explicitly under any statutory authority. The goal stated at the beginning of the program was to identify about twenty heritage rivers and the government considers that the BC Heritage Rivers Board has completed its mandate as of March 2001. There does not appear to be any intention to consider further rivers for designation at this time. Heritage rivers designated to date include the Stikine, Kechika, Babine, Bella Coola, Atnarko, Blackwater, Fraser, Adams, Kettle, Skagit, Cowichan, Alouette, Middle, Peace, Stuart, Columbia, Mission Creek, Prophet, Campbell and Horsefly rivers. 

 

Management Regime for Provincial Heritage Rivers

No particular management regime necessarily follows from the provincial heritage river designation. However, designation by Cabinet is clearly a strong statement about the importance of the river, which can be expected to influence land use planning which occurs in the area of a heritage river. When the BC Heritage Rivers Board nominates a river for heritage designation, it sets out recommended management objectives. Once approved by Cabinet, these are expected to guide land use activities under provincial control.

Rather than introduce a new level of land use planning, the heritage rivers system is to work in tandem with land use planning, such as Land and Resource Management Plans, Local Resource Use Plans, and Landscape Unit planning under the Code. It is through higher level plan designation under the Code that the forest management regime around heritage rivers may become legally enforceable.

 

The federal heritage rivers system is managed by Parks Canada. The objectives of the program are:

… [t]o foster protection of outstanding examples of the major river environments of Canada in a cooperative system of Canadian Heritage Rivers, and to encourage public understanding, appreciation and enjoyment of their human and natural heritage.

The Canadian Heritage Rivers System is a cooperative program of the federal, provincial and territorial governments. It is overseen by a Board comprised of representatives appointed by each participating government. British Columbia has appointed a non-government heritage rivers advocate to the Board. The federal government is represented by Parks Canada and the Department of Indian Affairs and Northern Development.

Unlike its provincial counterpart, the Canadian Heritage Rivers System requires, prior to designation, a management plan which outlines how the natural and human heritage values which the river represents will be conserved and interpreted.

The BC Heritage Rivers Board recommended that the Fraser, Stikine and Cowichan rivers be nominated for designation under the Canadian Heritage Rivers System. The Fraser has now been designated and the Cowichan has been officially nominated. The province has indicated an intention to nominate the Stikine and to provide management plans for both the Stikine and the Cowichan in February 2002. 

 

For Further Reference

Reports: "Candidate Heritage Rivers: A Report of the British Columbia Heritage Rivers Board, 1997," and earlier.

Policy Document: "The Canadian Heritage Rivers System: Objectives, Principles and Procedures." Parks Canada policy document.

Website: Canadian Heritage Rivers System: www.chrs.ca.

 

4.2.5 HERITAGE TRAILS

There are many trails of historic significance throughout British Columbia. Some of these were used by First Nations for trading, travel and hunting prior to European contact. Some are trails or wagon roads built in goldrush days. All of these may be considered heritage trails by land use policy, and some will be legally designated as such.

There is no legal definition of a heritage trail per se. Cultural heritage resources are managed under the Heritage Conservation Act by the Archaeology Branch of the Ministry of Small Business, Tourism and Culture. Trails which have historic significance may be designated as provincial heritage sites under section 9 of the Heritage Conservation Act. Government policy therefore distinguishes between heritage trails as any trails of historic significance, and designated heritage trails under the Act.

Nine heritage trails have been designated in British Columbia, totalling about 500 kilometres in length. One of the most well-known heritage trails is the Alexander Mackenzie Heritage Trail/Nuxalk Carrier Grease Trail, running between Quesnel and Bella Coola. The most recent designation was in 1997, although three new trails or sections of trails are under consideration, and a number of candidates for future consideration have been identified.

 

How Heritage Trails are Managed

Heritage trails that are not designated under the Heritage Conservation Act are not legally protected. Land use activities which affect these trails are whatever is decided on a site-specific, discretionary basis under the Forest Practices Code (for forest and range practices) or other regulatory regime.

Heritage trails which are designated as provincial heritage sites are legally protected by section 13 of the Heritage Conservation Act, which makes it an offence to "damage, desecrate or alter" the site, or to remove from the site "any…material that constitutes part of the site." Such activities may only occur if they are authorized by a permit issued under sections 12 or 14 of the Act. In deciding whether to issue such a permit, the policy is to consider:

• the nature and justification of proposed activities;
• the training, experience and logistical ability of an applicant to successfully complete the proposed activities;
• comments provided by any First Nation known to assert a traditional interest in the area of the proposed activities; and,
• other relevant information.

The policy of the Small Business, Tourism and Culture ministry is to delegate the power to issue these permits to district managers employed by the Ministry of Forests where there is a mutually approved management plan in place for the heritage trail. Day-to-day responsibility for managing a heritage trail is transferred to the Forest Service, except for archaeological sites. The detailed policy is set out in a Memorandum of Agreement for Heritage Trails dated May 24, 1995, between the Ministry of Small Business, Tourism and Culture and the Ministry of Forests.

 

Designation Policy for Heritage Trails

Heritage trails are designated by Orders-in-Council of Cabinet. Where the trail is within a provincial forest, the area retains its provincial forest status. When making a decision to recommend the designation of a trail, the Archaeology Branch considers:

• the amount of evidence of the original route on the ground;
• existence of reasonable historical documentation;
• associated recreational values;
• the degree of local public support;
• compatibility with other uses in the area;
• support of other agencies having jurisdiction over the land; and,
• the need for protection.

The Archaeology Branch of the Ministry of Small Business, Tourism and Culture is responsible for:

• identifying and setting priorities among candidate trails for designation as provincial heritage sites;
• securing Ministry of Forests agreement for select trails or portions of trails, and preparing the necessary Orders-in-Council;
• seeking First Nations and public input, and working with the Ministry of Forests to jointly develop and approve a trail management plan;
• prior to a completed plan, considering whether to issue permits to alter designated heritage trails where the Ministry of Forests provides compelling reasons;
• after plan completion, recommending the delegation of authority to issue permits to alter designated trails to Ministry of Forests district managers;
• reviewing trail management plans every five years or sooner, and amending as required; and,
• cooperating with the Ministry of Forests in evaluating and providing recommendations for management of other heritage trails that are not designated.

 

The Memorandum of Agreement between the agencies specifies that the width of designated heritage trails will be standardized at 100 metres each side of the trail centreline (200 metres total). Guidelines in the agreement provide that management plans must be prepared which "identify how the trail area will be managed to protect heritage, recreation and visual landscape values." A single management plan is to be prepared for the whole trail area. The management plan may also provide for management outside the heritage trail area, such as important visual concerns. By policy, management plans must include:

• site-specific management objectives for the protection of heritage, recreation and visual landscape values associated with the trail (e.g. development, maintenance, interpretation and enforcement programs);
• site-specific application of the management guidelines to ensure all development activities are consistent with the heritage, recreation and visual landscape objectives;
• identification of activities requiring a heritage permit;
• objectives and strategies for the education and training of resource managers and trail users in heritage trail values and resource management;
• a call for a non-profit public support group to act as a spokesperson for public opinion and otherwise assist in monitoring and implementing the management plan;
• procedures for issuing heritage permits;
• procedures for preparing an annual report listing activities carried out in the area; and,
• a plan review every five years or sooner as required.

The intent is that heritage trail management plans will become incorporated into higher level plans under the Forest Practices Code to make them legally enforceable respecting forest and range practices.

 

For Further Reference

Legislation: Heritage Conservation Act. RSBC 1996, c.187.

Policy: Memorandum of Agreement on Heritage Trails between the Ministry of Small Business, Tourism and Culture and the Ministry of Forests, May 24, 1995.

"The Management of Heritage Trails in Provincial Forests," Operational Procedures, Archaeology Branch, Ministry of Small Business, Tourism and Culture, May 7, 1997.

"Heritage Permits," Operational Procedures, Archaeology Branch, Ministry of Small Business, Tourism and Culture, March 12, 1999.

 

4.2.6 INTERPRETIVE FOREST SITES

There are about 6 interpretive forest sites throughout the province. These are areas in which the public is invited to learn about forest processes and management. A number of other sites have been mapped out but have never been formally established. 

They are often “demonstration forests” where forest management treatments and techniques can be viewed by the public in a setting which interprets natural and human activities and ecological responses.

 

How and Where can Interpretive Forest Sites be Established

Interpretive forest sites may be established on Crown land in a timber supply area, timber licence, tree farm licence or woodlot licence. They are established by a written order of the Chief Forester. Unless the designation does not significantly affect the public, the Chief Forester must publish a notice in the BC Gazette and a newspaper circulating in the area stating the location of the interpretive forest site and the date it takes effect. Further detail on the designation procedure is set out in the Strategic Planning Regulation.

Before designating interpretive forest sites, consent must be obtained from the holders of certain cutting authorities and interests granted under the Land Act if their rights would be "adversely affected" by the designation.

 

What Activities May Occur in an Interpretive Forest Site

Within six months of designating an interpretive forest site, the Chief Forester, or an employee of the Ministry of Forests designated by the Chief Forester, must establish "objectives" for the area. These objectives have legal significance because all operational plans for forest practices must comply with the objectives. They have the status of a "higher level plan" under the Forest Practices Code. (See Part 2 of the Guide for further discussion of the significance of objectives and higher level plans.)

The manual Higher Level Plans: Policies and Procedures gives guidance to district managers concerning the objectives interpretive forest sites might include. It states in part:

… it is … anticipated that objectives for interpretive forest sites will clarify how the public will be involved in discussing forest resources and their management, including demonstrating representative forest practices.

In addition to establishing objectives for these sites that govern operational planning, district managers may issue orders prohibiting specific activities such as timber harvesting and other non-recreational uses of interpretive forest sites. These orders may not, however, restrict resource extraction under the Coal Act, Mineral Tenure Act or Petroleum and Natural Gas Act.

In addition to district manager orders, the Forest Recreation Regulation prohibits certain activities within interpretive forest sites. It regulates matters such as speed limits, trapping, use of firearms, pets, firewood, and the disposal of game residue at interpretive forest sites.

 

For Further Reference

Legislation: Forest Practices Code of British Columbia Act. RSBC 1996, c.159, ss.6, 7, 105, 170, 206.

Regulations: Forest Recreation Regulation. BC Reg. 171/95.

Strategic Planning Regulation. BC Reg. 180/95, s.8.

Policy Manual: Higher Level Plans: Policies and Procedures. June 1996.

 

4.2.7 NATIONAL PARKS AND NATIONAL PARK RESERVES

British Columbia has both national parks and national park reserves. The four national parks found in eastern BC were established long ago. They are Kootenay National Park, Yoho National Park, Glacier National Park, and Mount Revelstoke National Park.

Two areas are identified as national park reserves: Gwaii Haanas National Park Reserve and Pacific Rim National Park Reserve.

 

What is a National Park

National parks are federal designations under the National Parks Act for outstanding natural areas of national significance. Parks Canada, the federal agency that manages national parks, is pursuing a plan throughout Canada, which will complete the national park system. Some candidate areas have been proposed within British Columbia. The national park system complements the provincial government’s Protected Areas Strategy. National park designation requires provincial agreement due to the provincial jurisdiction over land in the Canadian constitution. Pursuant to the Pacific Marine Heritage Legacy Agreement, the provincial and federal governments are working towards establishing a new national park in the southern Gulf Islands. Present activity includes the purchase of properties on a willing buyer-willing seller basis.

 

What is a National Park Reserve

National park reserves are areas designated under the National Parks Act where outstanding matters still need to be resolved. For example, the Gwaii Haanas National Park Reserve was established to protect the natural and cultural heritage values of the area and bring it under federal jurisdiction, but at the same time allow the federal government to negotiate outstanding matters of aboriginal rights and title with the Haida First Nation. Specific provision for this national park reserve was made by adding section 8.5 to the National Park Act to allow the federal Cabinet to establish the reserve "pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests."

The provisions of the Act which protect the environment apply to the area as if it were a full-fledged national park, but the federal Cabinet "may make regulations respecting the continuance of traditional renewable resource harvesting and Haida cultural activities by people of the Haida Nation." The minister responsible for national parks may enter into an agreement with the Council of the Haida Nation respecting the management and operation of the area.

 

Dedication, Public Trust and Ecological Integrity

The National Parks Act sets out a dedication to the people of Canada, which some have suggested could be interpreted as a public trust created by statute. This is a legal theory that has not been ruled upon by Canadian courts. The dedication is found in section 4 of the Act:

…the National Parks of Canada are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the National Parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations.

In law, trusts are the highest form of legal obligation, in which the trustee (in this case, the federal government) owes a fiduciary duty to the beneficiaries (the people of Canada, and future generations) to manage an estate (national parks) according to a certain high standard (ensuring national parks are left unimpaired for the enjoyment of future generations).

The Act, in subsection 5(1.2), also protects the natural resources of national parks through a provision which states that "maintenance of ecological integrity through the protection of natural resources shall be the first priority when considering park zoning and visitor use in a management plan."

Human activities that are regulated in national parks are set out in regulations under the National Parks Act. Other development in parks, such as ski areas and townsites (such as the townsite of Banff) would normally be disallowed under the above provisions, but are specifically authorized in other provisions of the Act and regulations.

 

How and Where National Parks may be Established

National parks are established by the Parliament of Canada approving the listing of a national park in a schedule to the National Parks Act. They may be established for "public lands," which are defined as:

…[l]ands belonging to Her Majesty in right of Canada or of which the Government of Canada has, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, power to dispose, including any waters on or flowing through, and the natural resources of, those lands.

Additions to existing national parks may be made simply by published proclamation of the federal Cabinet. The conditions required for adding land through proclamation are that the Cabinet must be satisfied that:

• clear title to the lands described in the proclamation is vested in Her Majesty in right of Canada;
• agreement has been reached with the province in which the lands are situated that the lands are suitable for addition to a National Park; and,
• notice of intention to issue a proclamation has been published in the Canada Gazette and newspaper at least ninety days before issuance of the proclamation.

 

Management Plans for National Parks

Within five years of park establishment, a management plan that addresses resource protection, zoning, visitor use and other matters that the minister considers appropriate must be presented to Parliament.

 

Wilderness areas in National Parks

Areas within national parks may be declared to be wilderness areas if they are "in a natural state or [are] capable of returning to a natural state." The declaration is made by a regulation passed by the federal Cabinet.

The effect of wilderness area status is that it restricts the Minister of Environment and Parks Canada from authorizing any activity "that is likely to impair the wilderness character of the area," subject to certain exceptions. Exceptions include activities that the minister considers necessary for:

• park administration;
• public safety;
• the provision of basic user facilities including trails and rudimentary campsites;
• the carrying on of traditional renewable resource harvesting activities specifically authorized in the Act, or any other Act of Parliament; or,
• access by air to remote parts of such areas.

 

Public Input and Reporting

The National Parks Act requires Parks Canada to "provide opportunities for public participation at the national, regional and local levels in the development of parks policy, management plans and such other matters as the Minister deems relevant."

Every two years a report must be presented to Parliament on the state of the parks and progress towards establishing new parks.

 

For Further Reference

Legislation: National Parks Act. RSC, c.N-14.

 

4.2.8 PROVINCIAL PARKS

Provincial parks designated under the Park Act are the main "protected areas" designation in British Columbia. The Act offers strong protection for natural resources within parks, and so has come to be the main vehicle through which government is implementing its Protected Areas Strategy. All provincial parks are "dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public" under subsection 5(3) of the Park Act.

 

Parks may be designated in two ways: by Order-in-Council passed by Cabinet; or, by an act of the legislature, in which the park is added to a schedule to the Park Act. Regardless of the method of designation, there is no real difference in terms of the protection afforded to the environment of the park. The main difference is that parks created by Order-in-council may also be deleted or have their boundaries amended by Order-in-Council. There is normally no notice to the public in advance of these orders, so it is possible that a park could be affected without due public process. Parks that are listed on a schedule to the Act cannot be affected except by the legislature. This requires a bill to be presented in the legislature, and an opportunity for debate by the elected members of the legislature.

By law, the total area of provincial parks and recreation areas in the province was required to be more than 10 000 000 hectares as of January 1, 2000. As of March 2001, there were 576 parks and recreation areas, comprising approximately 9 400 000 hectares, or about ten percent of the total provincial land base. While in technical non-compliance with the requirements of the Parks Act, the protected areas of the province, when ecological reserves and Environmental and Land Use Act designations, discussed below, are included, is in excess of the 10 000 000 hectares required by that Act. 

 

Classes and Categories of Provincial Parks

The Park Act sets out three different classes of provincial park. In addition, there are six different categories of parks that affect what types of development and improvement may occur within the park.

Class A parks are the most common park designation, and receive the highest level of protection. Class B parks were originally established to allow resource extraction so long as it was not detrimental to the recreational values of the park. The concept of a Class B park is not now generally consistent with public expectations of what a park should be, so most parks have been upgraded to Class A status over time. There are only two Class B parks, Strathcona and Sooke Mountain on Vancouver Island, currently remaining in the park system.

Class C parks are usually smaller in size, and focus on providing recreational amenities to local communities. They receive the same degree of high legal protection as Class A parks, but they are managed by a park board appointed by the Minister of Environment, Land and Parks. There are eighteen Class C parks in the province. One example is Bright Angel Provincial Park in Duncan.

As of March 2001, the distribution of provincial parks by class is:

Provincial Park Class	Number	Hectares
Class A	546	8 929 908
Class B	2	3 778
Class C	17	522

 

Upon the establishment of a park, section 12 of the Park Act requires the minister to specify the park to be in one of six categories. The category specified for a park determines what development and improvement may occur. However, notwithstanding the mandatory nature of this requirement, for many parks this has not been done.

Implicit in section 12 is the notion that there are multiple reasons for establishing parks, and that development and improvement of parks should be guided by the purpose for establishing it. The category specified for a park upon establishment is important in influencing the degree to which various factors, including ecosystem integrity, are observed in planning and management of the park. The main purpose for specifying a category is to constrain, or set the parameters for, the development and improvement of a park. The criteria and consequences for the six current categories are:

PROVINCIAL PARK CATEGORIES

Park Category	Purpose of Park Designation	Limitations on Development
Category 1	Preservation of the park's atmosphere, environment or ecology.	Development and improvement must be directed toward and limited to that necessary to the preservation, for public enjoyment, of the atmosphere, environment and ecology of the park.
Category 2	Preservation and presentation to the public of special features of scientific, historic, or scenic nature.	Development and improvement must be directed toward and limited to that necessary to the preservation, for public enjoyment, of the scientific, historic, or scenic features of the park that are specified or described by the Minister.
Category 3	To offer enjoyment, convenience and comfort to the travelling public.	Development and improvement must be directed toward and limited to that necessary to the beautification of the park and provision of facilities necessary to the enjoyment, convenience and comfort of the travelling public.
Category 4	To offer recreational opportunity to the public of a particular community or area.	Development and improvement must be directed toward the provision of recreational opportunities for the community or communities specified or described by the Minister.
Category 5	To offer opportunities to participate in a specific recreational opportunity.	Development and improvement must be directed toward and limited to that necessary to the adaptation of the park to a single special use designated by the Minister.
Category 6	Any two or more of the above purposes.	Development and improvement must be directed and limited in accordance with a zoning plan prepared by the director, allocating various lands of a single park to two or more purposes.

 

Many provincial parks are designated for more than one purpose, and hence fall in Category 6. BC Parks undertakes preparation of master plans for provincial parks, which delineate zones according to the intended management priorities for various parts of the park. However, many Category 6 parks currently do not have the required zoning plans, which designate various areas in the park for specific purposes in order to guide park planning and development.

In addition to limiting the development and improvement of a park, another consequence of specifying a park category is that it invokes a prohibition on activities which "restrict, prevent or inhibit the use of the park for its designated purpose." Natural resources cannot be removed unless the minister is of the opinion that it will not hinder the development, improvement and use of the park for its designated purpose.

 

Nature Conservancies within Provincial Parks

In addition to park classes, categories, and zoning in a master plan, the Park Act allows for areas within parks to be designated as nature conservancies. A nature conservancy area is defined under section 1 of the Act as:

…[a] roadless area, in a park or recreation area, retained in a natural condition for the preservation of its ecological environment and scenic features, and designated as a nature conservancy area under this Act.

Nature conservancy areas are not stand-alone designations, but must be areas within a park or recreation area. They are not a class of park per se, but could perhaps be seen as a zone within a park for which additional legal protection is provided in the Park Act. They are designated under paragraph 5(1)(b) of the Park Act by Order-in-Council.

The effect of the nature conservancy area designation is that natural resources must not be "granted, sold, removed, destroyed, damaged, disturbed or exploited" at all, other than fish and wildlife uses, if authorized, under the Wildlife Act.

 

Restrictions on Issuing Park Use Permits

Generally, interests in land cannot be granted, and natural resources cannot be removed, from any provincial park, except as authorized by a park use permit. Natural resources are broadly defined to mean "land, water and atmosphere, their mineral, vegetable and other components, and includes the flora and fauna on and in them." However, fish and wildlife may be caught or hunted in a park if authorized under the Wildlife Act.

The Park Act has very strict tests on when a park use permit may be issued. For Class A and C parks, a park use permit cannot be issued unless, in the opinion of the minister, to do so is "necessary to preserve or maintain the recreational values of the park involved." For Class B parks, a permit cannot be issued unless to do so is "not detrimental to the recreational values of the park concerned." The only exceptions to this are for some new parks in areas where ongoing nonconforming uses, such as cattle grazing, have been grandparented under section 20 of the Act.

 

For Further Reference

Legislation: Park Act. RSBC 1996, c.344.

 

4.2.9 RECREATION AREAS

Recreation areas are designations under the Park Act. They offer less legal protection for natural resources than park designations, but more than non-Park Act designations such as recreation sites under the Forest Practices Code. Recreation areas are managed by the Parks Branch of the Ministry of Environment, Lands and Parks. There are eleven recreation areas, comprising 470 842 hectares, in British Columbia. 

 

Resource Use Permits for Recreation Areas

Natural resources in recreation areas generally must not be removed or disturbed "except as may be approved by the minister" under a resource use permit. The legislation does not have the same strict tests for issuance of resource use permits as it does for park use permits, resulting in a greater level of discretion on the part of park managers in recreation areas.

 

Mineral Exploration Window

One of the main purposes of the recreation area designation was to allow a time-limited opportunity to explore for mineral values. Under the Mineral Tenure Act, Cabinet may declare a recreation area open to exploration and development. In the event of conflict between the Park Act and Mineral Tenure Act, the latter prevails.

The intention behind some recreation areas was that they would serve as a useful interim designation, pending a ten-year exploration window. At the end of the ten-year window, a decision would have to be made as to whether mineral values or park values had priority. Where mineral values were not proven or profitable to exploit, the intention was that these recreation areas would be upgraded to Class A park status. The Park Act and Mineral Tenure Act were amended in 1988 to allow this. While it might be expected that 1998 would be the decision-time for these recreation areas, in some cases the ten-year clock never started ticking by a required Cabinet Order-in-Council. In other cases, the time has run or partially run, and government has decided the status of the areas on the recommendation of land use planning tables, often upgrading them to Class A provincial parks.

 

For Further Reference

Legislation: Park Act. RSBC 1996, c.344, ss.1, 3, 5, 8, 9.

Mineral Tenure Act. RSBC 1996, c.292, s.23.

 

4.2.10 RECREATION SITES AND TRAILS

There are many recreation sites and trails that are popular with the public on provincial forest lands. Some of these sites and trails are areas designated under the Forest Practices Code that may invoke special forest management considerations to recognize their recreational values. To trigger the ability to regulate human activities in the area, the recreation site or trail must be formally designated. There are approximately 1 400 developed recreation sites and 341 developed recreation trails under Forest Service management. Others are currently being considered for designation.

Even with designation there is no automatic protection of the recreation values involved, but Forest Service district managers have the authority under the Code to restrict non-recreational uses such as timber harvesting if they so choose.

With the introduction of the Forest Practices Code, the construction and maintenance of trails and recreation facilities was made illegal unless approved by a Forest Service district manager.

 

How and Where Recreation Sites and Trails can be Established

Prior to the Forest Practices Code, recreation sites and recreation trails were established under the Forest Act. They are now governed by the Code.

Under section 6 of the Code, new recreation sites and trails may be established on Crown land in a timber supply area, timber licence, tree farm licence or woodlot licence. They are established by a written order of the Chief Forester. Unless the designation does not significantly affect the public, the Chief Forester must publish a notice in the BC Gazette and a newspaper circulating in the area stating the location of the recreation site or trail and the date it takes effect.

Before designating recreation sites and trails, consent must be obtained from the holders of certain cutting authorities and interests granted under the Land Act if their rights would be "adversely affected" by the designation.

 

For Further Reference

Regulation: Strategic Planning Regulation. BC Reg. 180/95.

 

What Activities may Occur in a Recreation Site or Trail

Within six months of designating a recreation site or trail, objectives for the area must be established outlining how the area will be managed. Although the legislation specifies that the Chief Forester establish the objectives, this power has been delegated to Forest Service district managers. These objectives have legal significance because all operational planning done for forest practices must comply with them. They have the status of a "higher level plan" under the Forest Practices Code. Part 2 of this Guide discusses the significance of objectives and higher level plans.

The manual Higher Level Plans: Policies and Procedures provides guidance to district managers concerning how objectives for recreation sites and trails should be expressed.

In addition to establishing objectives for recreation sites and trails, district managers may issue orders prohibiting specific activities such as timber harvesting and other non-recreational uses of recreation sites and trails. However, these orders may not restrict resource extraction under the Coal Act, Mineral Tenure Act or Petroleum and Natural Gas Act.

In addition to district manager orders, the Forest Recreation Regulation prohibits certain activities within recreation sites and trails. It regulates matters such as speed limits, trapping, use of firearms, pets, firewood, and the disposal of game residue at recreation sites and trails.

 

For Further Reference

Legislation: Forest Practices Code of British Columbia Act. RSBC 1996, c.159, s.6, 7, 105, 170, 206.

Regulations: Forest Recreation Regulation. BC Reg. 171/95.

Strategic Planning Regulation. BC Reg. 180/95, s.8.

Guidebooks: Trails and Recreation Facility Guidebook. September 1995.

Policy: Higher Level Plans: Policies and Procedures. June 1996.

 

4.2.11 SCENIC AREAS

Under the Forest Practices Code, areas of scenic quality can qualify for special forest management considerations, and invoke enhanced forest planning effort, at the discretion of Forest Service district managers. There are no specific forest practices requirements per se, but special management approaches to maintain visual quality may be expected to follow from the assessments required by the scenic area designation in the form of recommended practices.

 

What are Scenic Areas

Scenic areas are policy-based designations under the Forest Practices Code which trigger obligations to conduct visual impact assessments and obligations to conduct logging operations in a manner that meets the visual quality objectives set out for the area.

The Operational Planning Regulation defines a scenic area as "any visually sensitive area or scenic landscape identified through a visual landscape inventory or planning process carried out or approved by the district manager."

 

How are Scenic Areas Designated

Scenic areas are normally designated in one of two ways:

• through higher level plans, (such as land and resource management plans or resource management zones, landscape units or sensitive areas); or,
• through visual landscape inventories carried out by district managers.

 

What is the Consequence of Scenic Area Designation

Scenic areas must be identified and described on forest development plans if they are "known" to the person preparing the plan. A scenic area is deemed to be known if it is contained in a higher level plan, or made known to the person, by the district manager or a designated environment official, at least four months before the plan is submitted. Many scenic areas are made known to logging companies through letters from the district manager specifying the scenic areas in the forest district.

Visual impact assessments are required to be prepared at the silviculture prescription stage where cutblocks are proposed in known scenic areas that have established visual quality objectives. The visual impact assessment must demonstrate how the timber harvesting and road construction will achieve the established visual quality objectives for the area.

The Forest Development Plan Guidebook states that visual landscape management concerns should be recognized as early as possible in the planning process to allow for visual impact assessments to be completed and made available for public review before the submission of silviculture prescriptions and road permit applications.

 

For Further Reference

Guidebook: Visual Impact Assessment Guidebook (2d.Ed.). January 2001.

 

What are Visual Quality Objectives

Visual quality objectives (VQOs) are technical expressions of the objectives for visual management of a forested landscape.

Sometimes it is necessary to distinguish between recommended VQOs expressed in pre-Code visual landscape inventories, and established VQOs approved by the district manager. It is the latter that have legal effect under the Forest Practices Code.

The legal definition found in the Operational Planning Regulation says:

"visual quality objective" means a resource management objective established by the district manager or contained in a higher level plan that reflects the desired level of visual quality based on the physical characteristics and social concern for the area.

VQOs may therefore be specified in land use plans themselves, and may be the subject of negotiation at land use planning tables. In the absence of approved land use plans, district managers may establish VQOs.

Visual quality objectives are ranked into five classes according to the scenic value of the area. The five classes (and their representation abbreviation on plans) are: Preservation (P), Retention (R), Partial Retention (PR), Modification (M); and, Maximum Modification (MM). As the names imply, the Preservation VQO is a ranking for areas of high scenic value where the objective is to preserve the view, while the Maximum Modification VQO is for areas of the lowest or no scenic value. It would be highly unusual to have a low VQO for a scenic area.

The VQO class generally governs how much of a landscape may visually appear to be disturbed by logging. Views are considered no longer disturbed once a previously logged area has achieved visually effective green-up. Visually effective green-up is described in the Green-Up Guidebook as "the stage at which regeneration on a cutblock is perceived, by the public, as being a newly established forest. ... The forest cover on the cutblock must generally be of sufficient height to block stumps, logging debris, and bare ground from view and address concerns about visual impacts of cutblock/forest edges." The point at which visually effective green-up is achieved varies according to factors such as the steepness of the slope. For example, according to Ministry of Forests’ studies, visually effective green-up is achieved when the regeneration on a 30% slope has reached 5.5 metres height, but for an 80% slope requires regeneration of 10.5 metres height. There are also many strategies for reducing the visual impact of logging, such as using partial cutting methods or contouring the boundaries of a clearcut to conform to topographic features.

The Ministry of Forests has developed a policy about permissable levels of visual disturbance for each VQO class. This policy sets out the percentage of the landscape or landform that is permitted to be in a non-vegetated state for each VQO class after clearcut logging, and provides guidance about the distribution of leave trees for partial cutting silvicultural systems.

Further information about scenic areas and present Ministry policy about permitted levels of visual disturbance may be found in the second edition of the Visual Impact Assessment Guidebook which was released in January 2001. 

 

For Further Reference

Legislation: Forest Practices Code of British Columbia Act. RSBC 1996, s.17.

Regulation: Operational Planning Regulation. BC Reg. 107/98.

Forest Practices Code Guidebooks: Forest Development Plan Guidebook. December 1995.

Green-Up Guidebook, second edition. January 1999.

Silviculture Prescription Guidebook. April 1995.

Visual Impact Assessment Guidebook. April 1995.

Manuals: Visual Landscape Design Training Manual.

Procedures for Factoring Recreation and Visual Resources into Timber Supply Analyses.

Visual Landscape Inventory Procedures and Standards Manual.

Forest Landscape Handbook.

Chapter 11 of Ministry of Forests Recreation Manual.

Reports: "Clearcutting and Visual Quality: A Public Perception Study Summary Report." Ministry of Forests, 1996.

"Achieving Visually Effective Green-Up." Ministry of Forests.

"Strategy for Managing Visual Resources Consistent With Code Objectives." Ministry of Forests.

Bulletins: Forest Practices Code Bulletin No.6, February 26, 1996 entitled "Visual Quality Objectives."

Forest Practices Code Bulletin No.7, February 26, 1996 entitled "Scenic Areas."

Forest Practices Code Bulletin No.16, September 11, 1997 entitled "Use of District Manager Authority to make Scenic Areas known and establish Visual Quality Objectives."

Correspondence: Letter dated February 26, 1996 from Hon. Andrew Petter to Chief Forester Larry Pederson "Re: the Crown’s Economic and Social Objectives Regarding Visual Resources."

 

4.2.12 WILDERNESS AREAS

Wilderness areas are designations under section 6 of the Forest Act for areas within provincial forests. The designations are made by Order-in-Council of Cabinet. The wilderness area designation was first introduced in 1987 to provide the Ministry of Forests with an opportunity to broaden its mandate to include conservation of wilderness in addition to the management of provincial forests. Under section 3 of the Forest Act, the Chief Forester must assess land in British Columbia for its potential for conservation of wilderness.

By policy, the Ministry of Forests has adopted the following definition:

Wilderness is an area of land generally greater than 1,000 hectares that predominantly retains its natural character. It is an area where human impact is transitory, minor, and in the long run, substantially unnoticeable.

Historically, five wilderness areas were designated, although there is only one today. The remaining wilderness area is a small 582 hectare area on Slesse Mountain, near Chilliwack, which commemorates a plane crash site. Most wilderness areas, such as the Stein Valley, were upgraded to Class A provincial parks during regional land use planning. This is largely because the wilderness area designation allows for mining development and associated roads, which was considered inconsistent with public expectations for protected areas and wilderness values set out in the Protected Areas Strategy. The future status of this designation is uncertain.

 

What Land Use Activities are Permitted in Wilderness Areas

While wilderness areas are designated under the Forest Act, the rules concerning their use and management fall under the Forest Practices Code and its regulations. The Code provides that wilderness areas must be managed and used consistent with:

• preservation of wilderness;
• preservation of biological diversity; and,
• any purpose permitted by or under the regulations.

Commercial timber harvesting is not permitted in wilderness areas. However, use and occupation is permitted for mining and exploration activities authorized under the Coal Act, the Geothermal Resources Act, the Mineral Tenure Act and the Petroleum and Natural Gas Act, but only if the use or occupation is in accordance with the regulations and special use permits issued under them.

The Forest Recreation Regulation regulates the use in wilderness areas of motor vehicles, bicycles, aircraft landings, chainsaws, generators or other motorized equipment. It also deals with pets, litter, firewood, structures, quiet and peaceful enjoyment, and prohibitions on competitive sporting events and commercial or industrial activities.

The Ministry of Forests’ Resource Management Policy Manual sets out the agency’s wilderness management policy respecting use of wilderness areas for the following issues.

 

Mining. The Ministry, in cooperation with the Ministry of Energy and Mines, will regulate how mining activities occur in wilderness areas (Forest Practices Code, s. 2).

 

Forest Industry. The Ministry will consider the impact of wilderness designation on the forest industry by ensuring that any decisions regarding wilderness are made only after a full assessment of all resource values, including timber values.

 

Access Management. The Ministry will manage access to wilderness by:

• prohibiting public roads in wilderness areas;
• requiring that all roads for mining activities are closed to the public and reclaimed; and,
• restricting use of motorized vehicles unless specifically permitted in a wilderness management plan.

 

Commercial and Public Use. Commercial and public recreational use of wilderness will be allowed provided that the levels and types of use are consistent with wilderness management objectives.

 

Fire and Forest Health. Fire and forest health management strategies will be established in each wilderness management plan. These strategies will address carrying out fire and forest health management activities (including tree cutting and salvage operations) if public safety or adjacent commercial forests are threatened, or if such actions are in the public interest.

 

Fish and Wildlife Management. The Ministry will cooperate with other agencies, particularly the Ministry of Environment, Lands and Parks, to:

• recognize the role of wilderness in the protection of fish and wildlife resources; and to,
• allow sport fishing, hunting, wildlife viewing and the continuation of existing traplines in wilderness areas, provided such uses are compatible with wilderness.

 

Range Management. A range management strategy will be established in each wilderness management plan and allow range management activities provided they are consistent with wilderness.

 

Cultural and Heritage Values. The Ministry will cooperate with other agencies, particularly the Ministry of Municipal Affairs and the Ministry of Small Business, Tourism and Culture to identify and manage cultural and heritage values in wilderness areas.

 

Information and Education. The Ministry will work cooperatively with other agencies and groups to develop information and education programs on wilderness to help manage use and inform and educate users.

 

For Further Reference

Legislation: Forest Act, RSBC 1996, c.157, ss.2,3,4,6..

Forest Practices Code of British Columbia Act, RSBC 1996, c.159, s.2.

Regulations: Forest Recreation Regulation. BC Reg. 171/95.

Provincial Forest Use Regulation. BC Reg. 176/95.

Policy: Managing Wilderness in Provincial Forests: A Policy Framework. 1989.

Recreation Manual, s.12.

Policy Manual, Volume 1—Resource Management, c.4. Policy 4.1: Recreation Management and Policy 4.3: Wilderness Management. Ministry of Forests.

 

11/19/03