Regulations
Protecting British Columbia's Private Forest Land
The provincial government and PFLA have worked together to develop an innovative regulatory model for BC's private forest lands. The model features a partnership between forest owners and government and maintains environmental standards that have been proven to protect key public environmental values, a cost-effective administrative structure, and incentives to attract more of BC's private forest land into the Managed Forest (MF) program. This will enhance the investment climate on BC's private forest lands, generating more economic activity, jobs and expanded benefits for British Columbians.
1. Results Oriented Environmental Standards
Private MF owners must protect water quality, fish habitat, soil conservation and, where applicable, critical wildlife habitat. This regulatory regime is based on a results-oriented approach, allowing private landowners to use innovation and local knowledge to protect these key public environmental values.
Water Quality and Fish Habitat
Private MF owners conduct their forest management activities so as not to harm water quality and fish habitat. Sufficient streamside vegetation, including mature trees, are retained to maintain important elements of fish habitat, such as shading, nutrient contribution, large woody debris and streambank stability. Landowners work with water purveyors to ensure drinking water is not adversely affected. The Ministry of Environment requires landowners to take action to address water quality concerns. Pesticide and fertilizer use around streams is restricted.
Soil Conservation
The conversion of productive forest land to permanent roads, landings and other uses must be minimized in order to preserve the amount of productive forest land. The regulations also aim to maintain slope stability.
Critical Wildlife Habitat
Private MF owners provide opportunities for the study of critical wildlife habitat on their lands. Necessary habitat features that cannot be provided on Crown land may be protected through an agreement between government and the landowner.
Reforestation
All private MF class land must be promptly regenerated with a healthy, commercially valuable stand of trees after harvesting or when timber is destroyed by fire or wind. MF landowners have committed to growing trees and managing their forests.
2. Cost Effective Administrative Structure
The Private Managed Forest Land Council (PMFLC) administers the regulatory standards and associated requirements. The Council was established in 2004 to continue the administrative function previously performed by the Agricultural Land Commission.
Support for Private Land Forestry
The Council actively supports private land forestry in British Columbia and works with landowners to increase the productivity of private forest lands.
Performance Assessment
The Council measures the performance of landowners through monitoring, auditing and handling public enquiries to ensure they meet required forest practice standards. The Council is empowered to employ a variety of regulatory enforcement tools and is able to require remedial action where necessary and to impose penalties for non-compliance. Landowner performance will be reported through the Council's annual public reports.
Training
The Council and landowners works together to teach landowners and staff about the regulatory requirements and to offer ongoing educational opportunities.
3. Incentives to Increase Forest Investment
To encourage responsible stewardship of BC's private forests, landowners who commit to manage their lands for forestry under the MF classification, and who continue to meet the environmental standards, will be eligible to receive tax incentives. It is intended that most Private MF landowners should see a reduction in their property taxes. Comprehensive taxation of private forests is necessary in order to maintain a supportive, stable investment and operating climate and attracts other landowners into the MFprogram.
4. Other Legislation - Federal and Provincial
Landowners must ensure that all relevant federal and provincial legislation is observed. Key Acts and Regulations relevant to private land include, but are not limited to:
LEGISLATION |
APPLICATION |
LEAD AGENCY |
| Assessment Act | Value, Assessment and Taxation of Private Land | Ministry of Small Business and Revenue |
| Commercial Transport Act | Load restrictions, access | Ministry of Transportation |
| Environmental Management Act | Detrimental environmental impacts and emergencies | Ministry of Environment |
| Forest Act | Timber Scaling, Marking and Transportation | Ministry of Forests and Range |
| Forest and Range Practices Act | Uses and restrictions of Reserve land | Ministry of Forests and Range |
| Forest Practices Code of BC Act | Regulations for Forest Fire Prevention and Suppression; Control of destructive agents; Private Land | Ministry of Forests and Range |
| Hazardous Products Act | Sale or importation of prohibited and restricted products |
Ministry of Health (Federal) |
| Heritage Conservation Act | Archaeological assets | Tourism, Sports and the Arts |
| Integrated Pest Management Act | Pesticide Use | Ministry of Environment |
| Navigable Waters Protection Act | Construction or placement of "works" on, over, under, through or across any navigable water | Transport Canada (Federal) |
| Occupiers Liability Act | Care towards persons entering premises | Ministry of Attorney General |
| Regional District Zoning Standards | Land Use | Regional Districts |
| Transport of Dangerous Goods Act | Handling and transportation of dangerous goods | Ministry of Transportation |
| Trespass Act | Posted and Enclosed Land | Ministry of Attorney General |
|
Waste Management Act, see |
Spill prevention and reporting | Ministry of Environment |
| Wildfire Act | Regulations for forest fire prevention and suppression; control of destructive agent | Ministry of Forests and Range |
| Workers Compensation Act | Industrial Health & Safety Regulations | Labour and Citizens' Services |