Moving to a results-based framework for forest practices -- the B.C. experience --

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Moving to a results-based framework for forest
practices -- the B.C. experience --

• Ian Miller, RPF
• ian.c.miller_at_gov.bc.ca
• OIFQ Colloquium Trois-Rivieres, PQ
• June 21, 2007

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A few reminders..

• Forestry is not rocket science, it is much more
  complicated than that.
• Dr. Fred Bunnell, University of BC, 1999
• Laws are like sausages, it is better not to see
  them made
• Otto von Bismarck, Germany, late 1800s

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Overview

• Historical context and timeline
• Getting started the building blocks
• The process how we did it
• The product what we created (briefly)
• Implementation lessons learned
• Public perception and response
• Challenges for government, industry others

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British Columbias forests

• 60 million hectares of forest lands
• About 65 of the BC land base
• About 95 of forests are publicly-owned
• 13.8 of the BC land base is fully protected
• A further 14 in special management zones
• Less than 1 of the forest land base is harvested
  each year

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Historical context and timeline

• 1978-1995 Forest practices by contract
• 1991 Forest Resources Commission
• 1995 Forest Practices Code (FPC) legislation
• 1998 FPC planning streamlined
• 2000-2001 RBC framework and pilot projects
• 2001 new administration with commitment to
  results-based forestry
• 2002 RBC public discussion paper
• 2004 Forest and Range Practices Act (FRPA)
• 2005-2007 Transition from FPC to FRPA

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Getting started the RBC building blocks

• Political will and direction
• SMART legislation and de-regulation
• Proven record of good forest practices
• Mature resource professions
• Proof of the need for change
• Internal and external understanding and support

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Building blocks (cont)

• Lessons/advice from other jurisdictions
• Proof-of-concept testing
• Informed and engaged stakeholders
• Legal principles for RBC
• Dedicated cross-government teams
• Agreed-to goals for RBC

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Goals for FRPA
Maintain

• High Environmental Standards

• Public acceptance

FRPA

• Balancing social, economic environmental
  issues

• Timber supply

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Major elements of the process

• Policy teams credible experts
• Managerial and executive oversight teams
• Project plan thorough, but flexible
• Public discussion paper
• Open-house forums, technical forums
• Fully engaged forest industry stakeholders
• Dedicated legal counsel
• Business flow mapping (iterative)

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FPC business flow map
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FRPA business flow map
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What is the Forest and Range Practices Act (FRPA)?

• Governs forest and range activities on Crown
  lands
• Protects forest values
• Creates efficiencies
• Encourages innovation
• Backed by rigorous compliance and enforcement

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Functional Architecture
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Moving from FPC to FRPA

• command and control TO results based
• development plans TO stewardship plans
• Govt approves TO professional certifies
• Govt approved site plans TO professionally
  prepared site plans
• MoE review of draft plans TO MoE identifies
  areas, objectives and guidance as input to plans
• Cookbook forestry TO professional reliance
• Due diligence from mitigating factor TO
  complete defence

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Legal and non-legal framework the iceberg
analogy

Non-Legal Realm
Societal expectations
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Professional statutes

• Self-regulation and exclusive right to practice
• High standards and close scrutiny
• What would reasonably be expected of peers?
• Peers will be experts

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Professional reliance

• Collaboration of 4 professional associations
• the practice of accepting and relying upon the
  decisions and advice of professionals who accept
  responsibility and can be held accountable for
  the decisions they make and the advice they give
• PR codes of ethics standards of conduct and
  competence professional principles common law
  due diligence

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What has worked well?

• Co-operation among government agencies
• Multi-stakeholder implementation teams
• Monitoring internal and external
• Focus on problem finding and solving
• FRPAhas the potential to become a world-leading
  system of forest regulation
• -Forest Practices Board

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What has worked well? (cont)

• Effective support materials
• Training packages
• Workshops for professionals
• Statutory interpretations
• Guidance on administrative processes
• Technical guidance (i.e. terrain stability,
  stream crossings)

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What has not worked well?

• unrealistic timelines
• Insufficient co-ordination with large forest
  policy changes in pricing and tenure
• Legislation drafting before policy analysis
  complete
• Rules of engagement with industry
• Transition provisions not fully thought-out
• Culture shift - understanding our new roles

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Public perception and response

• FRPA not on the general publics radar screen
• Limited, but negative, press releases from
  environmental organizations
• Government increasing communications planning for
  FRPA
• Bite-sized messages, regularly released
• Increasing complaints to Forest Practices Board,
  especially on review and comment

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The challenges ahead

• Improve communications to, and understanding by,
  all stakeholders and public
• Facilitate culture shift, especially among
  professionals in industry and government
• Move transition past stewardship plan preparation
  into implementation of practices
• Close the design implement monitor
  redesign loop

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Summary Lessons we learned

• Guiding principles are vital
• Consultation is critical
• Need experienced and cunning policy developers
• Transparent dispute resolution mechanism is
  essential
• If you cant map it, it wont work
• The technical aspects are the simplest
• Keep your eyes on the prize!

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Where to find out more?

• Legislation, training materials and effectiveness
  evaluations
• http//www.for.gov.bc.ca/code/
• Expectations that affect the management of
  public forest and range lands in BC looking
  outside the legislation a discussion paper
• http//www.for.gov.bc.ca/code/training/frpa/looki
  ng.html