The State of GAR From MOE’s Experience

1. The State of GARFrom MOE’s Experience PFIT “Learnings” WorkshopOctober 16, 2007

2. Importance of GAR to FRPA • FRPA envisions stewardship based on finding the right balance between: • A tenure-holder’s economic interests, • Sustainability of the province’s timber supply, and • The protection of the public’s non-timber values. • Actions under GAR are critical to the success of FRPA.

3. GAR Basics: Quick Review • FRPA statute, s. 149 through s. 154: Reg.-making authorities related to Government’s objectives for resource values. • GAR s. 5 – 15: Government’s resource values that may be established, designated or identified by Minister’s Orders • GAR 2 – 4: Process requirements (limitations, consultation, notification)

4. Some GAR Actions To Date Number of MOE Orders Made to Date SPECIES DESIGNATIONS Species at risk 87 species Regionally important wildlife Under Development Ungulate species 8 species AREA DESIGNATIONS Lakeshore management zones Scenic areas Community watersheds 462 Wildlife habitat areas Just over 1,000 Ungulate winter ranges > 40 Fisheries sensitive watersheds 31 PRACTICES-RELATED DESIGNATIONS General wildlife measures Many Wildlife habitat features 25 Proposed (In Final Consultation) Resource features Temperature sensitive streams 0

5. MOE’s Experience to Date • Development Stage • Consultation • Consideration of Limitations (GAR s. 2) • Approval Process • Notification Process • Implementation & Practices • Effectiveness of GAR

6. Development Stage • MOE procedures for Regions to develop GAR actions (e.g., UWR, WHAs) • Do the science first – Then build on the science. • Blend science with policy, and understanding of impacts on agreement-holders – based on information they provide. • MOE goes to affected tenure holders: Here’s what we are planning. • Procedures are different for each type of GAR action. (See MOE’s FRPA Website).

7. Review & Commentand Consultation • Must provide opportunity for review and comment: • Species Category: Organizations representative of affected agreement-holders, and • Other GAR Orders: Affected holders • Must consult with: • Agreement-holders for whom the Order may have a material adverse effect. • Species categories (Minister-level decision) – MOE is also likely to engage with other parties, e.g., ENGOs, other sectoral stakeholders, 1st Nations. • “Affected parties”: MOE Regional staff always conducts 1st Nations consultation – 1st Nations whose territory overlaps agreement-holder’s tenure.

8. Consideration of Limitations • GAR s. 5 – 15: Minister (or DDM) must be satisfied with all criteria in these sections before making an Order. • Includes requirement for “special management not otherwise provided…” • Also, GAR s. 2 contains “Limitations on Actions” i.e., additional criteria and process for government: • Consistent with established objectives • Not unduly reduce provincial timber supply • Benefits of Order outweigh: • Material adverse impact on delivered wood costs • Undue constraint on ability to exercise holder’s rights • The above tend to be called “GAR tests”.

9. Approval Process • Series of checks and balances before MOE Minister or DDM approves the Order. • MOE seeks to ensure: • That MOFR is aware of Order. MOFR usually have been involved in the process; have provided some level of support and approval. • That affected agreement-holders agree in principle with MOE. • That 1st Nations have had opportunity to consider the proposed Order in light of their treaty negotiations • Aboriginal Right to Title – Is maintained within the area of the Orders (e.g., WHA, UWR). • Establishment under GAR does not remove Right to Title.

10. Notification Process • Straightforward process in regulation. • MOE follows all the procedures specified in the GAR. • Notice must be given for all Orders made under GAR sections 5 to 15. • GAR s. 4 states process requirements for notices: • Posting on ministry websites, • Published in Gazette, and • Publicly available at appropriate MOFR Regional Office. • Also, the legal designation is noted in the LRDW. • Publicly available at MOFR district and regional offices.

11. Implementation & Practices • Once the GAR has been signed off, implementation is immediate – for practices-related GAR Orders. • For example: • FPPR s. 69: “must comply with each GWM” • FPPR s. 70 (2): “not damage or render ineffective a wildlife habitat feature”

12. Effectiveness of GAR • Is GAR effective as a regulation? • Are Orders, e.g., WHAs, UWRs and GWMs effective once in place?

13. Learnings: Issues • Process: Time-consuming & demanding on MOE staff and resources. • GAR 2 tests: Must rely on information from industry partners. • Monitoring & Adaptive Management:Cannot begin until MOE staff have completed GAR actions (government’s objectives up front), upon which FRPA depends. • Integrating GAR Orders & Actions among other government initiatives: • OGMAs, VQOs • Land Act Objectives • Industry-led Process:Need timely process & information coming back to government from industry partners.

14. Learnings: Successes • Look at the numbers on the table. • 70% completion on UWRs in BC. • 30-40% completion on WHAs in BC. • Government integrating EBM with FRPA objectives. • Older LRMPs transferred into FRPA legal objectives.

15. What is Still Needed? • A fast-track process for completing remaining GAR Orders. • Partnership with BCTS and industry to move into results-based monitoring and adaptive management strategy. • Linking-in external pressures – e.g., MPB and climate change: Linking these to considerations and monitoring of effectiveness of GAR actions. • Future Forest Ecosystems initiative – integrate into GAR actions. • GAR Orders, actions and process – Would like to have these apply across the Crown land base for all resource sectors. • Parity among resource sectors on the Crown land base.

16. Thanks………