Ian_Miller

The Oversight Framework for the Forest and Range Practices Act Ian Miller, RPF Resource Practices Branch Presented to SISCO Winter Workshop Kamloops, BC February 26, 2014 1

OUTLINE • FRPA construct review • Oversight Framework at a glance • Legislated components – FRPA specific – Non-FRPA specific

• Non-legislated components • How do they fit or work together? • How will we use what the OF is telling us? 2

Forest & Range Practices Act & regulations

OBJECTIVES

PLAN & PRACTICE REQ’MENTS

C&E

EFFECTIVENESS EVALUATIONS PROFESSIONAL RELIANCE

Resource statutes e.g. FRPA

Legal Realm Professional statutes

Common law: civil liability

Common law: professional negligence

Non-Legal Realm

Societal expectations

Scientific / technical knowledge (Underpins societal expectations, and some aspects of the legal realm)

The Oversight Framework at a Glance: • Legislated and FRPA-specific • Legislated, but not FRPA-specific • Non-legislated, and FRPA-specific • Non-legislated, and not FRPA-specific

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LEGISLATED FRPA OVERSIGHT 1. Compliance and Enforcement 2. Forest Practices Board •

Refer to comments from previous presenters on this panel

3. Forest Appeals Commission •

Tribunal; reports to Cabinet; hears appeals from tenure holders and the FPBoard; decisions published on web

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LEGISLATED FRPA OVERSIGHT (con’t) 4. Forest and Range Practices Advisory Council (PAC) •

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Broad spectrum of stakeholders: First Nations, USW, UBCM, Tourism sector, BC Cattlemen, ENGO, woodlot federation, large and small forest sectors Undertake periodic reviews of planning and practice requirements, and related matters referred from Minister Recommendations directly to Minister All outputs posted on web 7

Legislated oversight mandate; not FRPA-specific • Office of the Auditor-General • Refer to comments from previous presenter on this panel • Audits and recommendations on any aspect of Government programs, e.g. timber management, biodiversity • Reports to the Legislature, publications on the web • Government obligated to respond and take action • Opportunities for more proactive engagement

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Legislated oversight mandate; not FRPA-specific (con’t) • Professional Associations • Foresters, Engineers, Geo-scientists: exclusive right to practice • Agrologists, Biologists: Exclusive right to title • Codes of ethics, complaint investigations, penalties • Practice guidelines; advocacy, professional reliance training, etc. • Reports to members and the public; publications on the web 9

Non-legislated oversight of FRPA

• Forest and Range Evaluation Program (FREP) – – – – –

Measures on-the-ground results, by value Now tracking FPC vs FRPA, and trends Also assesses the effectiveness of FRPA overall 10 years of data; over 8000 samples Multiple Resource Value Assessment (MRVA) reports, extension notes, ADM report etc; posted on web – Developing a framework for integrated monitoring across the NR sector 10

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Non-legislated oversight of FRPA (con’t)

• Silviculture and stand treatment tracking and reporting – Delivered through RESULTS reporting – Indicates delivery of commitments and obligations for restocking – Helps answer “Did we get what we expected, or what we need?”

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Non-legislated, ad-hoc commentary on forest and range planning and practices in BC • State of the Forest, State of the Environment, Cumulative Effects reports (government-led) • Substantive public-realm commentary (UBCM resolutions, UVIC Environmental Law Centre reports, Healthy Forests, Healthy Communities initiative) • Voluntary oversight and commentary (public, industry or stakeholder groups, certification bodies, etc)

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How do the pieces of the OF link with each other? • Generally.....sporadically, and ad-hoc • Strong linkages do exist between some pieces – FREP -- Forest Practices Board – Forest Practices Board -- Practices Advisory Council

• Opportunities to strengthen linkages, create transparency, improve access and “profile” of results • Strong role for government

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How SHOULD the pieces of the OF link with each other? • Developing the linkages now • Using outputs now to triangulate on “biggest effect for the effort” in resolving identified issues • Putting the “continuous” back into Continuous Improvement for FRPA • Weighing of evidence to provide rationale for change • Implications for both legal (Act and regulations) and nonlegal parts of the entire FRPA framework 15

Your thoughts, comments, and ideas are most welcome...... Thanks for your attention!!!

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