The State of The State of GARGAR

From MOE’s ExperienceFrom MOE’s Experience

PFIT “Learnings” WorkshopPFIT “Learnings” Workshop

October 16, 2007October 16, 2007

Importance of GAR to Importance of GAR to FRPAFRPA

►FRPA envisions stewardship based FRPA envisions stewardship based on finding the right balance on finding the right balance between:between: A tenure-holder’s economic interests,A tenure-holder’s economic interests, Sustainability of the province’s timber Sustainability of the province’s timber

supply, andsupply, and The protection of the public’s non-The protection of the public’s non-

timber values.timber values.

►Actions under GAR are critical to Actions under GAR are critical to the success of FRPA.the success of FRPA.

GAR Basics: Quick ReviewGAR Basics: Quick Review

►FRPA statute, s. 149 through s. 154: FRPA statute, s. 149 through s. 154: Reg.-making authorities related to Reg.-making authorities related to Government’s objectives for resource Government’s objectives for resource values.values.

►GAR s. 5 – 15: Government’s resource GAR s. 5 – 15: Government’s resource values that may be established, values that may be established, designated or identified by Minister’s designated or identified by Minister’s OrdersOrders

►GAR 2 – 4: Process requirements GAR 2 – 4: Process requirements (limitations, consultation, notification)(limitations, consultation, notification)

Some GAR Actions To Some GAR Actions To DateDate

Number of MOE Orders Made to DateNumber of MOE Orders Made to Date

SPECIES DESIGNATIONSSPECIES DESIGNATIONSSpecies at riskSpecies at risk 87 species 87 speciesRegionally important wildlifeRegionally important wildlife Under Development Under DevelopmentUngulate speciesUngulate species 8 species 8 species

AREA DESIGNATIONSAREA DESIGNATIONSLakeshore management zonesLakeshore management zonesScenic areasScenic areasCommunity watersheds Community watersheds 462 462Wildlife habitat areasWildlife habitat areas Just over 1,000 Just over 1,000Ungulate winter rangesUngulate winter ranges > 40 > 40Fisheries sensitive watershedsFisheries sensitive watersheds 31 31

PRACTICES-RELATED DESIGNATIONSPRACTICES-RELATED DESIGNATIONSGeneral wildlife measuresGeneral wildlife measures Many ManyWildlife habitat featuresWildlife habitat features 25 Proposed (In Final Consultation)25 Proposed (In Final Consultation)Resource features Resource features Temperature sensitive streamsTemperature sensitive streams 0 0

MOE’s Experience to DateMOE’s Experience to Date►Development StageDevelopment Stage►ConsultationConsultation►Consideration of Consideration of

Limitations (GAR s. 2)Limitations (GAR s. 2)►Approval ProcessApproval Process►Notification ProcessNotification Process► Implementation & Implementation &

PracticesPractices►Effectiveness of GAREffectiveness of GAR

Development StageDevelopment Stage

►MOE procedures for Regions to develop GAR MOE procedures for Regions to develop GAR actions (e.g., UWR, WHAs)actions (e.g., UWR, WHAs)

►Do the science first – Then build on the Do the science first – Then build on the science.science.

► Blend science with policy, and Blend science with policy, and understanding of impacts on agreement-understanding of impacts on agreement-holders – based on information they provide.holders – based on information they provide.

►MOE goes to affected tenure holders: Here’s MOE goes to affected tenure holders: Here’s what we are planning.what we are planning.

► Procedures are different for each type of Procedures are different for each type of GAR action. (See MOE’s FRPA Website). GAR action. (See MOE’s FRPA Website).

Review & CommentReview & Commentand Consultationand Consultation

► Must provide opportunity for review and comment:Must provide opportunity for review and comment: Species Category: Organizations representative of Species Category: Organizations representative of

affected agreement-holders, andaffected agreement-holders, and Other GAR Orders: Affected holders Other GAR Orders: Affected holders

► Must consult with: Must consult with: Agreement-holders for whom the Order may have a Agreement-holders for whom the Order may have a

material adverse effect.material adverse effect.► Species categories (Minister-level decision) – MOE Species categories (Minister-level decision) – MOE

is also likely to engage with other parties, e.g., is also likely to engage with other parties, e.g., ENGOs, other sectoral stakeholders, 1ENGOs, other sectoral stakeholders, 1stst Nations. Nations.

► “ “Affected parties”: MOE Regional staff Affected parties”: MOE Regional staff alwaysalways conducts 1conducts 1stst Nations consultation – 1 Nations consultation – 1stst Nations Nations whose territory overlaps agreement-holder’s whose territory overlaps agreement-holder’s tenure.tenure.

Consideration of Consideration of LimitationsLimitations

► GAR s. 5 – 15: Minister (or DDM) must be satisfied GAR s. 5 – 15: Minister (or DDM) must be satisfied with all criteria in these sections before making an with all criteria in these sections before making an Order.Order. Includes requirement for “special management not Includes requirement for “special management not

otherwise provided…”otherwise provided…”

► Also, GAR s. 2 contains “Limitations on Actions” i.e., Also, GAR s. 2 contains “Limitations on Actions” i.e., additional criteria and process for government:additional criteria and process for government: Consistent with established objectivesConsistent with established objectives Not unduly reduce provincial timber supplyNot unduly reduce provincial timber supply Benefits of Order outweigh:Benefits of Order outweigh:

► Material adverse impact on delivered wood costsMaterial adverse impact on delivered wood costs► Undue constraint on ability to exercise holder’s rightsUndue constraint on ability to exercise holder’s rights

► The above tend to be called “GAR tests”.The above tend to be called “GAR tests”.

Approval ProcessApproval Process

► Series of checks and balances before MOE Minister Series of checks and balances before MOE Minister or DDM approves the Order.or DDM approves the Order.

► MOE seeks to ensure:MOE seeks to ensure: That MOFR is aware of Order. MOFR usually have been That MOFR is aware of Order. MOFR usually have been

involved in the process; have provided some level of involved in the process; have provided some level of support and approval.support and approval.

That affected agreement-holders agree in principle with That affected agreement-holders agree in principle with MOE.MOE.

That 1That 1stst Nations have had opportunity to consider the Nations have had opportunity to consider the proposed Order in light of their treaty negotiationsproposed Order in light of their treaty negotiations

► Aboriginal Right to Title – Is maintained within the Aboriginal Right to Title – Is maintained within the area of the Orders (e.g., WHA, UWR). area of the Orders (e.g., WHA, UWR). Establishment under GAR does Establishment under GAR does notnot remove Right to Title. remove Right to Title.

Notification ProcessNotification Process► Straightforward process in Straightforward process in

regulation.regulation.► MOE follows all the procedures MOE follows all the procedures

specified in the GAR.specified in the GAR. Notice must be given for all Notice must be given for all

Orders made under GAR Orders made under GAR sections 5 to 15.sections 5 to 15.

GAR s. 4 states process GAR s. 4 states process requirements for notices: requirements for notices: ►Posting on ministry websites, Posting on ministry websites, ►Published in Published in GazetteGazette, and , and ►Publicly available at Publicly available at

appropriate MOFR Regional appropriate MOFR Regional Office.Office.

► Also, the legal designation is Also, the legal designation is noted in the LRDW.noted in the LRDW.

► Publicly available at MOFR district Publicly available at MOFR district and regional offices.and regional offices.

Implementation & Implementation & PracticesPractices

►Once the GAR has been Once the GAR has been signed off, signed off, implementation is implementation is immediate – for practices-immediate – for practices-related GAR Orders. related GAR Orders.

► For example:For example: FPPR s. 69: “must comply FPPR s. 69: “must comply

with each GWM”with each GWM” FPPR s. 70 (2): “not damage FPPR s. 70 (2): “not damage

or render ineffective a or render ineffective a wildlife habitat feature”wildlife habitat feature”

Effectiveness of GAREffectiveness of GAR

► Is GAR effective as a regulation?Is GAR effective as a regulation?►Are Orders, e.g., WHAs, UWRs and Are Orders, e.g., WHAs, UWRs and

GWMs effective once in place?GWMs effective once in place?

Learnings: IssuesLearnings: Issues► Process: Process: Time-consuming & demanding on MOE staff and Time-consuming & demanding on MOE staff and

resources.resources.

► GAR 2 tests: GAR 2 tests: Must rely on information from industry Must rely on information from industry partners. partners.

► Monitoring & Adaptive Management:Monitoring & Adaptive Management: Cannot begin until Cannot begin until MOE staff have completed GAR actions (government’s objectives up MOE staff have completed GAR actions (government’s objectives up front), upon which FRPA depends.front), upon which FRPA depends.

► Integrating GAR Orders & Actions among other Integrating GAR Orders & Actions among other government initiatives:government initiatives: OGMAs, VQOsOGMAs, VQOs Land ActLand Act Objectives Objectives

► Industry-led Process:Industry-led Process: Need timely process & information Need timely process & information coming back to government from industry partners.coming back to government from industry partners.

Learnings: SuccessesLearnings: Successes► Look at the numbers on the table.Look at the numbers on the table.► 70% completion on UWRs in BC.70% completion on UWRs in BC.► 30-40% completion on WHAs in BC.30-40% completion on WHAs in BC.►Government integrating EBM with FRPA Government integrating EBM with FRPA

objectives.objectives.►Older LRMPs transferred into FRPA legal Older LRMPs transferred into FRPA legal

objectives.objectives.

What is Still Needed?What is Still Needed?► A fast-track process for completing remaining GAR Orders.A fast-track process for completing remaining GAR Orders.

► Partnership with BCTS and industry to move into results-based Partnership with BCTS and industry to move into results-based monitoring and adaptive management strategy.monitoring and adaptive management strategy.

► Linking-in external pressures – e.g., MPB and climate change:Linking-in external pressures – e.g., MPB and climate change:Linking these to considerations and monitoring of Linking these to considerations and monitoring of effectiveness of GAR actions.effectiveness of GAR actions.

► Future Forest Ecosystems initiative – integrate into GAR Future Forest Ecosystems initiative – integrate into GAR actions.actions.

► GAR Orders, actions and process – Would like to have these GAR Orders, actions and process – Would like to have these apply across the Crown land base for all resource sectors.apply across the Crown land base for all resource sectors. Parity among resource sectors on the Crown land base.Parity among resource sectors on the Crown land base.

Thanks………