Third Party: Forest Practices Board
APPEAL NO. 2019-FRP-001(b)

The district manager found the Blueberry River First Nations and Blueberry River Enterprise in contravention of the Forest and Range Practices Act for constructing and maintaining trails without authorization and for causing damage to the environment. The district manager levied an administrative penalty and remediation order for the contraventions. The appellants argued that their activities were protected Treaty rights and did not cause damage to the environment. The Forest Practices Board participated in this appeal to address the remediation order issue. In particular, the Board took the position that the appellants could not be issued a remediation order under section 74 of the Forest and Range Practices Act because the appellants were not licensees, which is a requirement of that section. The government of British Columbia agreed with the Board’s position and agreed not to pursue a remediation order in the appeal. The Board withdrew its participation after this issue was resolved. The appeal continued without the Board’s participation and on August 19, 2021, the Commission issued a consent order allowing the rest of the appeal. The consent order indicates that the Government of British Columbia agreed to not pursue any contraventions or administrative penalties against the appellants.

Appeal allowed by consent.

Consent Order: https://www.bcfac.ca/decision/2019frp001b_consent_order/

Third Party: Forest Practices Board
APPEAL NO. 2019-FRP-004

This appeal raised issues concerning “declared areas” in forest stewardship plans, and whether a district manager has the authority to place conditions on them, such as requiring review for consistency with “objectives set by government.” It proceeded by way of written submissions, which were filed between December 2019 and February 2020. Tolko withdrew its appeal in July 2020.

Appellant withdrew the appeal.

Complaint Investigation – IRC/235
December 2020

RECOMMENDATIONS

The Board recommends that government:

1. Promptly spatialize old growth management areas where the immediate risks to old forest are the greatest; and
2. Review and update the requirements for biodiversity in the PG TSA. This should be consistent with emerging partnerships with First Nations, following a transparent process for public involvement, and considering the potential implications of climate change on forest management.

Response to Recommendations

Special Investigation – SIR/53
September 2020

RECOMMENDATIONS

1. FLNRORD should promptly re-assess the long-term reforestation objectives for the dry IDF, and update them based on the likely consequences of climate change.
2. FLNRORD should update reforestation standards to reflect the updated objectives, using a combination of legally required direction and best management practices (guidance) so that the public can be confident that the objectives will be achieved.

The Board requests that government respond to these recommendations by February 1, 2021, indicating:

1. that it accepts the recommendations and describes how it is addressing or has addressed them; or
2. that it partially accepts the recommendations and provides reasons why; or
3. that it is not accepting the recommendations, and provide reasons why.

If government accepts or partially accepts the recommendations, the Board requests that it update the Board on its progress in addressing them within 12 months of publication of this report.

Response to Recommendations

Special Investigation – SIR/52
May 2020

RECOMMENDATIONS

1. Government should amend FRPA and/or its regulations to ensure that there is a clear and enforceable requirement to minimize sediment entering streams during road construction, maintenance and deactivation.
2. Government should update guidance and standards for road construction and maintenance to clearly identify practices needed to minimize sediment entering streams during road construction, deactivation, and on an ongoing basis during road maintenance.

Response to Recommendations

Special Investigation – SIR/51
April 2020

RECOMMENDATIONS

1. The Joint Practices Board of ABCFP and EGBC should review the professional practice guidelines for crossings with an eye towards improving clarity to help their members understand their responsibilities for bridge planning and design.
2. The ABCFP should subsequently review its guidance for forest professionals to ensure it is clear and consistent with professional practice guidelines for bridge planning and design.
3. The Ministry of Forests, Lands, Natural Resource Operations and Rural Development confirm how it intends to undertake ongoing compliance monitoring and, if necessary, enforcement, of bridge planning, design and construction.

Response to Recommendations – Government
Response to Recommendations – EGBC and ABCFP

Complaint Investigation – IRC/230
March 2020

RECOMMENDATIONS

The Board recommends that:

1. TimberWest amend its FSP content for old forest and listed plant communities to incorporate the provincial field guide criteria for stand-level assessment of old forest and listed plant communities.
2. Government clearly communicate its expectations to FSP holders regarding implementation of the provincial field guide within the Great Bear Rainforest.

Response to Recommendations – Government
Response to Recommendation – Mosaic (formally TimberWest)