II. Objectives in Regulations:

• These objectives are set in Sec. 149 (FRPA) of Forest and Range Practices Act, objectives set by government (OSBG) and apply province-wide, and are the most general type of objectives.

• Currently* there are no objectives in regulations (FPPR) for resource features.

Intent: Objectives in regulations are intended to provide goalposts for managing and protecting FRPA values. Results and strategies in operational plans must address and be consistent with these objectives.

Changing Objectives: New or modified objectives in regulation are established through the legislative drafting and amendment process. Objectives in regulations cannot be changed or alternatives proposed at a local level.

III. Objectives Enabled by Regulations:

Objectives enabled by regulation are established by the appropriate Minister, or their delegate, for a specified area. These are the most specific of all objectives, although they are not stated in the regulations, the legislation gives authority to the Ministers, or their delegate, to establish them for various types of areas.

Establishment: The Objectives enabled by regulation come into effect through government actions outlined in GAR.

• Sec. 5 (GAR) Resource features

"(1) Subject to subsection (2), the minister responsible for the Forest Act by order may identify one or more of the following as resource features in relation to a specified area:

(a) a surface or subsurface element of a karst system;

(b) a range development;

(c) Crown land used for research or experimental purposes;

(d) a permanent sample site used as a snow course by or on behalf of the federal or Provincial government for the purpose of measuring the water content of the snow pack on a given area;

(e) a cultural heritage resource that is the focus of a traditional use by an aboriginal people and that is not regulated by the Heritage Conservation Act;

(f) an interpretative forest site, recreation site or recreation trail;

(g) a trail or other recreation facility referred to in section 57 of the Act that is authorized by the minister or under another enactment;

(h) a recreation feature that the minister considers to be of significant recreational value.

(2) The minister responsible for the Forest Act may make an order under subsection (1) if the minister is satisfied that the resource feature requires special management not otherwise provided for under this regulation or another enactment.

(3) The identification of a resource feature under subsection (1)

(a) may be by category or type, and may be restricted to a specified geographic location, and

(b) must be sufficiently specific to enable a person affected by it to identify the resource feature in the ordinary course of carrying out forest practices or range practices.

(4) Despite subsections (1) to (3), if the minister responsible for the Forest Act reasonably believes that a resource feature may be subject to damage or disturbance if the location of the resource feature is disclosed, he or she

(a) must not disclose the location of the feature in the order,

(b) must provide written notice of the location of the feature to the holders of agreements under the Forest Act or the Range Act that will be affected by the order, and

(c) may attach conditions to the order

(i) prohibiting those holders from disclosing the location of the feature, or

(ii) restricting the extent to which, or the persons to whom, those holders may disclose the location of the feature.

(5) A person to whom a condition referred to in subsection (4) (c) applies must comply with the condition."

• The South Island Forest District (SIFD) has finalized the public consultation on the draft GARs orders on September 30, 2005.
• The final Recreation Resources GAR order was signed on December 01, 2005 and is now in effect:

• Approved GAR Order that identifies the designated recreation sites, trail and interpretive forest sites as resource features under 5(1)(f) GAR . (Dec. 01, 2005)
• The order is dated December 1, 2005, was posted on the SIFD web site on December 9th, 2005, and advertised in the BC Gazette on December 15th, 2005
• The above GAR order carries over the designated recreation sites, trails and interpretive forest sites in the FRPA world as resource features.
• The Exhibit "A" maps for the recreation sites, trails and interpretive sites listed in the GAR Order can be downloaded from the FTP site or viewed individually in the table below.
• A Summary SIFD Key Map listing the recreation sites, trails can be viewed or downloaded from the OM FTP site.
• Digital files containing the SIFD designated recreation resources are available for licensees upon request.
• For more information and to see a table listing the designated sites please visit the OM Recreation Resources web page.

• The initial consultation on the draft karst order was conducted by the SIFD Stewardship staff. Based on the comments received and due to the benefits of a regional karst order, the Coast Forest Region, Nanaimo office is now mandated with the drafting of the karst order. Please note that the Draft Order to identify karst resource features under Sec. 5(1)(a) GAR is posted on our web site for information purposes only. Interested parties are encouraged to contact Paul Tataryn at the Regional Office for more information.

Transitions:

• Sec. 19 (GAR) resource features continued:

"(1) a resource feature as defined in section 1 (2) of the Operational and Site Planning Regulation, B.C. Reg. 107/98, as that regulation was immediately before its repeal, is continued as a resource feature identified under section 5 of this regulation in relation to a specified area if information about the resource feature was

(a) contained in a higher level plan that is applicable to the area and is still in effect, or

(b) made available, in accordance with paragraph (b) of the definition of "known" in section (1) of the Operational and Site Planning Regulation, to one or more holders of

(i) agreements under the Forest Act or Range Act, or

(ii) agreements entered into under the Forest Act or Range Act, in replacement for agreements referred to in subparagraph (I), and

in effect on the coming into force of this section.

(2) A resource feature as defined in section 1 (1) of the Woodlot Licence Forest Management Regulation, B.C. Reg. 325/98, as that regulation was immediately before its repeal is continued as a resource feature identified under section 5 of this regulation in relation to a specified area if information about the resource feature was

(a) contained in a higher level plan that is applicable to the area and is in effect on the coming into force of this section, or

(b) made available, in accordance with paragraph (b) of the definition of "known" in section 1 (1) of the Woodlot Licence Forest Management Regulation, to one or more holders of

(i) woodlot licences under the Forest Act, or

(ii) woodlot licences entered into under the Forest Act in replacement for licences referred to in subparagraph (i), and

in effect on the coming into force of this section."

IV. Grandparented Designations & Objectives:

Existing objectives established under the Forest Practices Code are grandparented to FRPA as objectives enabled by regulations

• Sec. 180 (FRPA), grandparenting specified designations
• Sec. 181 (FRPA), grandparenting objectives

There are no resource features and objectives grandparented for the South Island Forest District (SIFD).

V. Requirements in FPPR for Resource Features are:

The FPPR does not contain requirements (default results or strategies) for resource features.

VI. Practice Requirements in the FPPR for Resource Features include:

• Practice requirements must not damage or render ineffective resources features.
• Sec. 70 (FPPR) Resource features and wildlife habitat features

  "(1) An authorized person who carries out a primary forest activity must ensure that the primary forest activity does not damage or render ineffective a resource feature."

• The South Island Forest District (SIFD) has an approved GAR Order, that identifies the designated recreation sites, trail and interpretive forest sites as resource features under 5(1)(f) GAR and the Sec. 70 (FPPR), practice requirements apply.

Additional Practice Requirements:

• Sec. 58 (FRPA) Protection of recreation and range resources on Crown land

  "(1) If the minister determines that it is necessary to protect a recreation or range resource or to manage public recreation use on Crown land, he or she by order may restrict or prohibit

  (a) a non-recreational use of

  (i) any of the following established under the Forest Practices Code of British Columbia Act for recreation:

  (A) a resource management zone;

  (B) a landscape unit;

  (C) a sensitive area, or

  (ii) any of the following that is on Crown land:

  (A) an interpretive forest site;

  (B) a recreation site or recreation trail,

  except any non-recreational use permitted under the Coal Act, the Mineral Tenure Act, the Petroleum and Natural Gas Act or the Pipeline Act, or

  (b) a recreational use anywhere on Crown land, except a use that is specifically permitted by or under another enactment.

  (2) The minister may make different orders under subsection (1) for different uses and locations.

  (3) The minister must post a notice of an order under subsection (1) in the area to which the order applies.

  (4) Without lawful authority, a person must not remove, alter, destroy or deface a notice posted under subsection (3)."

• Sec. 86 (FPPR) Annual reports

"(1) In this section, "reporting period", in respect of the year in which the report referred to in subsection (2) is to be submitted, means the 12 month period beginning on April 1 of the immediately proceeding calendar year;

(3) Before June 1 of each year, an agreement holder must report to the district manager

(a) for each area in which timber harvesting was completed during the reporting period and to which section 29 of the Act applies the following information:

(iv) the location and approximate size of all associated wildlife tree retention areas,

(b) the location of any resource feature or wildlife habitat feature in or contiguous to a cutblock or road of which feature the holder is aware during the reporting period if

(i) the holder has not, in a previous reporting period, reported the resource feature or wildlife habitat feature, and

(ii) the order establishing the resource feature or wildlife habitat feature requires the location of the resource feature or wildlife habitat feature to be reported under this section,

(6) Information required under this section must be reported in a form and manner that is satisfactory to the minister."

• Sec. 38 (RPPR) Resource features

  "(1) A range agreement holder who carries out a range practice must ensure that the range practice does not damage or render ineffective a resource feature.

  (2) The minister may exempt a range agreement holder from the requirement of subsection (1), if satisfied that

  (a) there is no other practicable option for carrying out the range practice, and

(b) the exemption is in the public interest."

• Sec. 56 (WLPPR) Resource features and wildlife habitat features

  "(1) Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who carries out a forest practice that could affect a resource feature must

(a) carry out the measures specified in the holder's woodlot licence plan that relate to the resource feature, or

(b) if no measures are specified in the holder's woodlot licence plan, ensure that the forest practice does not damage or render ineffective a resource feature."

VII. Factors to Consider in Developing Results & Strategies:

There are no factors in regulations (FPPR) to consider in developing results and strategies for resource features.

VIII. Exemptions:

The Minister of Forests may grant an exemption to practice requirement in regulation to protect resource features.

• Sec. 70 (FPPR) Resource features and wildlife habitat features

  "(1) An authorized person who carries out a primary forest activity must ensure that the primary forest activity does not damage or render ineffective a resource feature."

• Sec. 91 (FPPR) Minister may grant exemptions

  "(1) If the minister is satisfied that it is not practicable, given the circumstances or conditions applicable to a particular area, the minister may exempt

  (a) a person from

  (i) one or more of the following sections of the Act: 10; 29; 29.1; or

  (ii) one or more of the following sections of this regulation: 41; 42; 46; 46.1; 50 (2) or (3); 51; 55 to 63; 68; 70 (1); 72; 73; 75; 76; 78; 79; 83 to 85 (1),

IX. Cumulative Impact: When establishing objectives, the appropriate Minister, or delegate must consider the impact of the proposed objective on the provincial timber supply and cumulative impact on rights granted to timber, woodlot or range agreement holders.

Sec. 19, (FPPR) Division 2.1. Cumulative effect of multiple forest stewardship plans

For the purpose of section 9 [proportional objectives] of the Act, the minister may establish targets referred to in that section, if, where there are likely to be multiple forest stewardship plans within an area,

(a) one or more agreement holders may be unduly constrained in the specifying of results or strategies in the holder's plan unless targets are established under section 9 of the Act,

(b) the agreement holders within the area are unable to reach an agreement that would remove the constraints referred to in paragraph (a),

(c) an agreement holder subject to a constraint referred to in paragraph (a) requests the minister to act under section 9 of the Act, and

(d) the minister is satisfied that a fair and effective order can be made under this section."

X. New Objectives: Once a new objective has been in place for at least four months:

New Operational Plans must contain results and strategies to address the new objective if applicable to the area under the plan

Existing Operational Plans must be amended to address the new objective if applicable to the area under the plan

The Government can reduce this four month period for some objectives.

FTP Site for Resource Features-Related Documents:

Resource features related objectives supporting documents can be found on the SIFD Objectives Matrix FTP site

Resource Features Related Material:

• Karst and Caves at the Forest Practices Branch site
• Karst Management Handbook for British Columbia - Best Management Practices (pdf)
• Karst Inventory Standards and Vulnerability Assessment Procedures for British Columbia (pdf)
• Karst checklist (pdf)

FRPA RESOURCE EVALUATION Program:

• For effectiveness evaluation related questions visit the FRPA Resource Evaluation Program web site
• FRPA Resource Evaluation Program web site resources features section

Resource Values Indicators Site:

• List of resource value indicators

Other FRPA values: select form the list below:

• Objectives Matrix Introduction
• Objectives Set by Government for the FRPA Values
• Objectives Matrix FTP Site Content List
• Objectives Matrix FTP site

1. Soils
2. Timber including Forest Health
3. Wildlife
4. Fish
5. Water
6. Biodiversity
7. Cultural Heritage Resources
8. Resource Features
9. Recreation Resources
10. Visual Quality
11. Forage and Associated Plant Communities

Disclaimer: Please note that the government is under no obligation to develop or provide the objectives matrix to FRPA stakeholders. The matrix was developed to assist those who prepare operational plans with identifying objectives for which results and strategies must be developed within operational plans. The Ministry of Forests does not make any guarantees with respect to the accuracy, currency and reliability of the information contained within this objectives matrix.

It is the plan proponent's responsibility to ensure that all legal requirements are met.
The legislation extracts quoted in the text of this web site are for the users convenience only and they do not have legal status.
For the official legal text, please refer to the Queens Printer legal publications.

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