Ministry of Forests Land and Natural Resource Operations
Ministry of Environment
Government Actions Regulation
Policy and Procedures
Revised April, 2013
(Revised October 17, 2008)
(Original April 18th, 2006)
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Disclaimer
This document contains material to assist those preparing orders under the Government
Actions Regulation of the Forest and Range Practices Act. It contains a summary of
legal requirements and supporting advice and suggestions.
This guidance document is also written with a specific focus on forest tenures with Forest
Stewardship Plans (FSPs) and who are on the market based pricing appraisal system
(MPS).
The text and principles of:
 Section 5.3 [Not unduly reduce the supply of timber of BC’s Forests (Test 3)] and
 Section 5.4 [Public Benefits Outweigh Adverse Impacts on Agreement Holders
(Test 4)]
found in this document will need to account for forest tenures on tabular rates (woodlot
licenses and community forest agreements) and range tenures.
In the event of any discrepancy between the information contained in this document and
the Forest and Range Practices Act and Government Actions Regulation, the Act and
regulation prevail.
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The Forest and Range Practices Act (FRPA) is a fundamentally important piece of
legislation governing the management and stewardship of forest (including timber and
non-timber resources and values) and range resources in British Columbia. Part of the
FRPA model entails government providing clear objectives at the front end. This then
allows industry and resource professionals to deliver those objectives through planning
and practices.
The Government Actions Regulation (GAR) is a key tool that government can use to
provide front-end objectives and other actions for the purpose of conservation and
protection of specific resource values, e.g., species at risk, scenic areas, resource features
and community watersheds. Success for the GAR component of FRPA depends on:
 A common understanding of the legislation;
 A common understanding of how GAR authorities are administered;
 The appropriate establishment of GAR authorities or actions;
 Positive relationships that lead to a collaborative, cooperative approach;
 Partnership and information sharing among government agencies, the forest and
range industry, First Nations, and other interested parties; and
 Commitment to continuous improvement involving review and monitoring so that
government actions are effective.
This GAR Policy and Procedures document has been revised and endorsed to support
success in the delivery of the GAR component. It provides sound advice for staff
consideration. That said your ideas towards its improvement are key to maintaining
success. If you have any questions or ideas please approach one of the key agency
contacts listed in the document.
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Table of Contents
Table of Contents .............................................................................................................. 4
About the Guide ................................................................................................................ 5
1.0
Government Actions Regulation (GAR) ............................................................. 7
1.1 Overview ................................................................................................................. 7
2.0
Are Government Actions Needed? ...................................................................... 8
2.1 General considerations ............................................................................................ 8
2.2 Use of GAR in support of land and resource use decisions .................................... 9
3.0
Identifying Areas for Government Actions ........................................................ 9
3.1 Undertaking preparation of a government action ................................................. 10
3.2 Strategically considering multiple GAR actions................................................... 10
3.3 Coordination with agreement holders, First Nations and others........................... 11
3.4 Collaboration between government business lines ............................................... 12
3.5 Writing Orders ...................................................................................................... 13
3.6 Mapping considerations ....................................................................................... 16
3.7 Minor tenures ....................................................................................................... 17
4.0 Review and comment and Consultation (RC&C) ................................................ 18
4.1 Forest and range agreement holders ..................................................................... 19
4.2 First Nations .......................................................................................................... 21
4.3 Public interests ...................................................................................................... 23
4.4 Period for review and comment and consultation (RC&C) process ..................... 24
4.5 Document the review and comment and consultation (RC&C) processes and their
assessment ..................................................................................................................... 24
5.0
Requirements of the regulation ......................................................................... 26
5.1 Requires special management (Test 1) ................................................................. 26
5.2 Consistent with established objectives (Test 2) ................................................... 27
5.3 Not unduly reduce the supply of timber of BC’s forests (Test 3) ......................... 28
5.4 Public benefits outweigh adverse impacts on agreement holders (Test 4) .......... 29
5.5 Criteria for features ............................................................................................... 36
6.0
Rationale Document............................................................................................ 37
7.0
Notice of an Order .............................................................................................. 38
8.0
Varying or Canceling a GAR Order ................................................................. 40
9.0
Continuous Improvement .................................................................................. 41
References ........................................................................................................................ 43
Appendix 1: Summary of Government Actions Regulation ...................................... 45
Appendix 2: MFLNRO GAR Orders Filing and Posting Checklist.......................... 49
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About the Guide
This guide is intended as reference material only and is not legal advice or legal opinion.
For legal advice, government staff should consult the Legal Services Branch of the
Ministry of Justice.
This document is intended to provide information to government staff who support
persons within the Ministry of Forests Lands and natural Resource Operations who
exercise authority granted under the Government Actions Regulation. It provides
information regarding the procedures that may be carried out during the preparation of a
proposed order under the Government Actions Regulation (GAR). The information
provided by this document does not prescribe procedures that ministry staff must comply
with. This information is comprised of considerations about what would constitute
reasonable practice in addressing procedural requirements set out in the regulation.
The guide may be useful as information for forest and range agreement holders, other
stakeholders, First Nations and the public who may be interested in considering
information on procedures for undertaking actions under the regulation including
opportunities for review and comment and consultation (RC&C). However, the guide
does not provide advice to Forest Act or Range Act agreement holders on achieving any
requirements as a consequence of GAR actions undertaken by government.
GAR actions do not affect government activities (e.g. Forests for Tomorrow, ecosystem
restoration) unless those activities require a Forest Act or Range Act agreement or tenure
where they may be subject to an applicable GAR order. It may be appropriate, however,
for government activities not subject to a GAR order to nevertheless be consistent with
the intent of the order where applicable.
The guide is designed to promote consistent assessment of need, preparation, RC&C and
approval of GAR actions by providing advice on:
 assessing the need for GAR actions considering risk (chapter 2.0);
 identifying proposed GAR areas and orders (chapter 3.0);
 GAR RC&C processes (chapter 4.0);
 GAR tests when considering or preparing an order (chapter 5.0);
 GAR rationale document (chapter 6.0);
 notice of an order (chapter 7.0);
 varying or canceling a GAR order (chapter 8.0); and
 continuous improvement through review and monitoring (chapter 9.0).
The guide is intended to complement documents that may provide more detailed advice
pertinent to a particular type of government action such as the Procedures for Managing
Identified Wildlife and the Recreation Features Handbook.
The guide will be periodically updated considering new information and government
experience in undertaking government actions. Questions and comment on this
document are appreciated and may be directed to the following contacts:
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Ministry
FLNRO
Key Contacts
Action
Orders for:
 categories of species:
- species at risk
- regionally important wildlife
- ungulate species for which an
ungulate winter range is required
 wildlife habitat areas and objectives
 ungulate winter ranges and objectives
 general wildlife measures
 wildlife habitat features
 fisheries sensitive watersheds and
objectives
 temperature sensitive streams
(Also FPPR section 7, WLPPR section 9 –
Notices for the objectives set by government
for wildlife)
Contact
One of the following, depending
on the GAR Order:
Andy Witt
Fish, Wildlife and Habitat
Management Branch
[email protected]
Ian Miller
Resource Practices Branch
[email protected]
Allan Lidstone
Resource Management
Objectives Branch
[email protected]
 community watersheds
 water quality objectives for community
watersheds
 resource features
 lakeshore management zones and
objectives
 scenic areas
 visual quality objectives
 recreation-related resource features
Jacques Marc
[email protected]
Resource Stewardship Branch
 Also FRPA (s. 56) – recreation sites,
recreation trails, interpretative forest sites
and objectives subject to the Forest
Recreation Regulation (not GAR)
Bill Marshall
[email protected]
Recreation, Sites and Trails
Branch
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1.0
Government Actions Regulation (GAR)
The legal framework of the Forest and Range Practices Act (FRPA) is dependent on
government actions to establish land designations and objectives or measures for resource
values. Government actions can be established1:
 through land use objectives under the Land Act,
 in regulation (e.g. Forest Planning and Practices Regulation),
 through actions under authority of the Government Actions Regulation, and
 through grand-parented objectives, measures and features established under the
Forest Practices Code.
1.1
Overview
The Government Actions Regulation (GAR) provides direction for establishment of
localized land designations and features that require special management for the
stewardship of wildlife, fish, water, biodiversity, visual quality, cultural heritage
resources, recreation resources, and resource features. GAR regulates how government
establishes features or land designations, and the measures or objectives that pertain to
the designated land areas. A summary of GAR is provided in Appendix 1.
The actions covered by the regulation are carried out by the specified Minister who can
delegate their authority to a Delegated Decision Maker or DDM (see 1.2 below). Persons
who are preparing an order for stewardship of a resource value under the GAR should
consider the need for government action, and the potential interactions with other
government actions, before choosing to submit orders for approval to the minister or
requisite delegated authority (chapter 2.0). In this paper, references to a “minister”
related to actions under the GAR will also apply to the minister’s delegate, wherever the
particular action has been delegated.
Forest and range tenure holders who will be affected by an order must be provided an
opportunity for review and comment on the proposed action. Those holders on whom the
order may have a material adverse effect must also be consulted as prescribed in
regulation (see chapters 3.0 and 4.0).
Proposed orders under the GAR must meet specific tests to the satisfaction of the minister
or delegate (chapter 5.0), including the requirement that:
 the special management2 provided by the action is not already provided by FRPA
or other legislation;
 the order is consistent with established objectives in the area;
 the order will not unduly reduce the supply of timber from BC’s forests; and
 the public benefits derived from the order would outweigh any material adverse
impacts on delivered wood costs and any undue constraint on the ability of
agreement holders under the Forest Act and Range Act to exercise their rights
under agreement.
1
Existing objectives for the purposes of FRPA are referred to as “established objectives” under FRPA.
The term ‘special management’ is used for each type of action under GAR except ‘general wildlife
measures’; however it may be inferred given the wording of s. 9 (2)(b)
2
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Individual GAR orders must, to the satisfaction of the minister or delegate, also meet
other criteria specified in regulation for each type of action. For example, an order must
be consistent with the criteria set out in the authority provided to establish certain
designations or features such as resource features, fisheries sensitive watersheds, or
temperature sensitive streams.
A rationale should be prepared to support the minister or delegate in considering a
proposed order. The content of the rationale should address each component of the
regulatory requirements for that specific type of government action. Table 1 in chapter
6.0 provides a summary of the tests set out in regulation. The table may serve as an
outline or template when preparing a rationale to support decision making.
There are notice requirements for an order pertaining to a government action (chapter 7.0
and Appendix 2). An order can be amended or cancelled (chapter 8.0). Reviewing
and/or monitoring actions taken can lead to continuous improvement that supports when
new actions are taken or when existing actions are amended (chapter 9.0).
1.2 Delegation of GAR orders
Delegation matrices for GAR Orders are located on the following website:
https://gww.for.gov.bc.ca/het/legislation/delegation.htm
2.0
Are Government Actions Needed?
2.1
General considerations
The success of FRPA, and its ability to achieve government’s resource stewardship goals,
depends on establishment of objectives, measures and features for resource values. Many
of these actions to establish the public interest in a value for the purposes of FRPA are
enabled under the Government Actions Regulation. The MFLNRO should determine
whether there is a need for an order under GAR beyond legislative provisions that may
already be in place, including other objectives and practices requirements under FRPA.
An appropriate ministry authority should decide whether government actions are needed
to effect special management of a value under forest and range practices legislation.
Government’s service plans and throne speeches, agreements with the federal
government regarding species at risk (Canada-BC Agreement, related to the federal
Species at Risk Act, or SARA), ministry policy, , or approved Business Plan will often
provide important information in support of government actions.
Government’s 10 policy goals for FRPA may be considered when deciding on the need
for government actions (see p. 1-5 in What’s New in FRPA (2005): FRPA Training
Companion Guide). Other specific considerations include:
 provincial policy and procedures related to resource values that may be addressed
under GAR (e.g. Identified Wildlife Management Strategy);
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significance and sensitivity of the values that could be subject to special management
as a result of government actions, where that special management is not already
addressed by legislation or an existing objective;
risk that anticipated forest and range practices will likely have a detrimental impact
on these values, and the probable consequences if action is not taken;
need to implement elements of government approved land and resource use
decisions3 for the purposes of FRPA; and the
ability to address a value in the non-legal realm (e.g. societal expectations,
scientific/technical knowledge) or via other legal mechanisms (e.g. laws governing
resource professionals).4
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For proposed GAR actions that may affect range agreement holders, it is important to
keep in mind that the Minister has the option of identifying an issue under s. 33, 34 or 35
of FRPA where the applicable range operational plan must specify actions to be carried
out that deal with those issues. That being said, the Minister having the authority to
identify an issue and the subsequent Range agreement holder requirements to specify
actions to be carried out do not mean that the special management considered under GAR
is already addressed by legislation and that the GAR test #1 automatically fails.
When determining if GAR actions are needed to address cultural heritage resources, it is
important to build a good working relationship with First Nations (see chapter 4.2).
2.2
Use of GAR in support of land and resource use decisions
Government may decide that aspects of approved land and resource use decisions should
be given legal effect under the Forest and Range Practices Act (FRPA). Government
may also decide that Higher Level Plan (HLP) objectives established under the Forest
Practices Code of BC Act (Code) require updating under FRPA. Where that direction is
provided, two legislative tools available for the purposes of carrying out such actions are:
(i)
the Land Use Objectives Regulation (LUOR) under the Land Act, and
(ii)
the Government Actions Regulation (GAR) under FRPA.
The document Considerations for the Selection of LUOR and GAR5 provides guidance
when deciding which tool may work best under the circumstances. The Land Use
Objectives Regulation: Policy and Procedures6 provides advice about the preparation of
land use objectives for the purposes of FRPA.
3.0
Identifying Areas for Government Actions
3
‘Land and resource use policy’ refers here to approved strategic land use plans (e.g. Regional Land Use
Plans, Land and Resource Management Plans or LRMPs, Sustainable Resource Management Plans or
SRMPs) and other land and resource use decisions (e.g. Clayoquot Sound, spotted owls, mountain caribou,
government-to-government First Nation agreements).
4
See The Expectations that Affect the Management of Public Forest and Range Lands in BC: Looking Outside the
Legislation www.for.gov.bc.ca/hth/timten/FRPA_implementation/FRPA%20General%20Guidance.htm
5
6
See www.for.gov.bc.ca/hth/timten/FRPA_implementation/GAR%20Memo%20and%20Manual.htm
Available at: http://ilmbwww.gov.bc.ca/slrp/legalobjectives/whatarelor.htm
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The advice and considerations in this chapter do not pertain to specific legal
requirements. This chapter provides suggestions intended to promote good practice.
Procedures have been developed for some values such as species at risk. The
considerations set out in this document do not supersede existing policy and procedures
for specific values addressed under GAR (such as the Identified Wildlife Management
Strategy), but may provide useful information.
3.1
Undertaking preparation of a government action
If government actions are needed (chapter 2.0) a project lead should be assigned.
Assignments for undertaking preparation of actions may be determined by ministry
service plans, branch business plans and individual staff work plans. A project
management plan (or work plan) could be developed by the project lead. The plan could
set out the roles and responsibilities of ministry staff, and could describe the consultation
process to be carried out with agreement-holders, First Nations and the public. The plan
will promote good communication and efficient project completion. The project plan can
describe how and when key steps in the project are intended to be accomplished and may
include:
 results of any assessment to determine if government actions were needed (chapter
2.0 above);
 how the land areas that will be subject to the proposed government actions will be
identified (chapter 3.0);
 the process for and timing of undertaking a Delivered Wood Cost pre-assessment
 the intended review and comment and consultation (RC&C) processes to be carried
out (chapter 4.0);
 how the requirement of the regulation will be addressed when preparing the order
(chapter 5.0);
 matters that will need to be addressed in any supporting documentation (chapter 6.0);
 potential timing of key project milestones including projected date of submission for
approval;
 means of providing notice and the intended distribution of the completed order
(chapter 7.0); and
 any other matters that may be necessary to address during preparations to undertake
an action.
The proposed project plan could then be shared with intended participants, including
agreement holders who may be affected by an order. This initiative will allow those who
may have an interest in development of a government action to prepare for engagement
with the ministry project team.
3.2
Strategically considering multiple GAR actions
Although an individual GAR action may cover a site specific area, consideration should
be given to strategic preparation of several specific government actions within relatively
large project areas such as an entire forest district, forest management unit, or land area
covered by a strategic land and resource use decision. As compared to single, polygonspecific projects, a comprehensive initiative over large units of land area can be
beneficial in several ways:
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collective consideration and coordination of the potential interactions and synergies
of a suite of actions by one or more ministries;
efficiency in meeting RC&C requirements for both government and agreement
holders. For example, a team of Forest Act or Range Act agreement holder(s) may
provide a more effective basis for RC&C than engaging individual tenure holders;
critical values can be assessed and identified in a strategic context for example
Delivered Wood Costs pre-assessment results may support a set of options that can be
strategically reviewed such as the potential to co-locate values and thereby reduce
adverse impacts and constraints on agreement holders;
considering viable options on Crown land for proposed actions so as to avoid if
possible actions on private land portion of a TFL, woodlot license or community
forest (e.g. if tenure is no longer continued, any GAR actions on private land would
not apply);
the cumulative effect of proposed government actions can be assessed considering the
public benefits, significance and sensitivity of resource values, and any material
adverse impacts on tenured agreement holders; and
coordination of the timing of orders with objectives that require amendments to
operational plans (such as Forest Stewardship Plans) so as to minimize the number of
amendment requirements (e.g. by issuing several orders at the same time or on annual
basis versus issuing several orders in an uncoordinated manner with varying effective
dates). Publishing or otherwise making available the schedule for upcoming orders is
helpful to those who will be subject to the orders.
Selecting a large project area for government actions may not always be appropriate.
Factors indicating that actions should occur over a smaller area, or indicating a need to
focus on a particular high priority resource value, include:
 the potential to overwhelm staff and affected agreement holders with a large number
of proposed land polygons subject to government action that may require sitespecific, detailed examination;
 locations where it has been determined that smaller project areas may be appropriate
for efficient implementation of government’s land and resource use decision, and
 the need to take timely action for a high priority resource value, or for a value at risk
of extinction, extirpation, or destruction of critical habitat, where minister’s orders for
a single area or over a small project area, can affect the requisite special management.
Agency staff may identify areas where government actions through a minister’s order are
needed. Also, agreement holders or other parties may provide information or suggestions
related to particular resource values for which conservation, protection and/or
management through a minister’s order is needed and appropriate.
3.3
Coordination with agreement holders, First Nations and others
Assessment of potential for ministers’ orders and the drafting of proposed actions should
be undertaken in coordination with Forest Act and Range Act agreement holders, affected
ministries, BC Timber Sales (BCTS), First Nations and other knowledgeable
stakeholders. Conferring with these groups early on in the project may minimize
conflict, improve efficiency and result in the preparation of more effective actions.
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Agreement holders, BC Timber Sales, First Nations and stakeholders with an interest to
work with government on proposed actions/orders can offer:
 knowledge about resource values based on operational and field experience;
 perspectives on applicable resource inventory information;
 considerations regarding the need for special management to conserve or protect
wildlife, water or other public resource values covered by GAR;
 considerations with respect to public benefits regarding a proposed action;
 practicality of a proposed action and the ease in addressing the action;
 specific information pertaining to timber supply impacts, or material adverse impacts
on delivered wood costs; and
 information on any undue constraint the proposed action may have on the ability of
forest and range agreement holder to exercise their rights.
Involving potentially affected forest and range agreement holders, and First Nations, in
the development of a proposed action does not eliminate the need for RC&C (see chapter
4.0). However the interaction with agreement holders and First Nations during the
drafting of the order may make up part of the RC&C record and may help ensure
subsequent RC&C is more effective and efficient.
Where a memorandum of understanding, protocol agreement or other formal agreement
signed by both the province and First Nations exists then those documents may provide
additional guidance on how First Nations should be engaged in the drafting process.
3.4
Collaboration between government business lines
MFLNRO business lines who may consider developing minister’s orders should consider
working together. However, inter-agency deliberations should not inadvertently fetter
individual delegated decision-makers.
Some of the advantages of working together include:
 identification of land areas with multiple values that require stewardship direction
through ministers’ orders, where integration and co-location of area designations can
be undertaken to minimize constraints on timber supply and forest and range
agreement holders’ ability to exercise their rights;
 efficiency with respect to meeting RC&C requirements for both government and
agreement holders;
 opportunities for inter-agency dialogue related to proposed orders;
 assessment of cumulative impacts on provincial timber supply, delivered wood costs
and undue constraints on each tenure holder;
 prioritization of resource values and areas, and related proposed orders, based on
interagency consideration of factors, such as significance and sensitivity of the
resource value, the public interest in the value; and the
 assessment of the risk of unacceptable impact on wildlife, water, etc., if orders are not
made.
Challenges in working together may occur when:
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one business line is ready to propose actions while other business lines are not, and
the resulting delay could adversely affect the conservation of the public’s resource
values. For example, a proposed wildlife habitat area for species at risk may be in
jeopardy if timely action is not taken;
timely action must be undertaken to implement government land use and resource use
decisions, with a focus on certain values but not others. For example, plan
implementation may direct establishment of ungulate winter ranges and objectives as
a priority, but may not prioritize actions for scenic areas with visual quality objectives
(VQOs);
a collaborative approach could prolong the work needed to address a resource value
by a particular lead business line (due to timeframes, resources, etc.) however the
capability of others key business lines to respond needs to also be considered; and
there are conflicting priorities between different business lines due to considerations
such as staff capacity or availability of information to support development of one
business lines order.
Another important reason for collaboration is considering how a proposed GAR order
should apply to minor tenure holders whose primary tenure is not under the Forest Act or
Range Act (see chapter 3.7).
The Ministry of the Attorney General, Legal Services Branch should be consulted on the
construct of orders to help ensure that they are legally sound.
3.5
Writing Orders
The language conventions for legal actions in ministers’ orders (e.g. objectives, measures
and features) should be consistent with the results-based approach applied during
development of forest and range practices legislation and regulations. Some general
considerations for proposed orders under FRPA model are that they are:
 to be set where and when needed based on ‘risk’;
 to provide clear direction;
 to give due consideration to FRPA goals;
 to ensure a high level of stewardship ‘liability’ in hands of the tenure holder and
their professionals;
 to add value to the FRPA framework (responsible governance);
 to include flexibility for more specific actions in the future;
 to allow for new improved information to enter the picture;
 to be supported by strong and compelling information (be science-based);
 to allow for good results or strategies to be written (in case of objectives); and
 to allow for monitoring to determine if the desired intent is being achieved and is
effective over time.
Orders that identify resource features and wildlife habitat features are linked to a practice
requirement already specified regulation7 that states that a primary forest activity must
7
See s. 70 of the FPPR, s. 37 and 38 of RPPR, and s. 56 of WLPPR (there is an option in WLPPR for
license holder to specify measures to address a resource feature)
13
not damage or render the feature ineffective. There is no ability for orders to provide a
different or additional practice requirement for features. Similarly, a practice
requirement also already exists in the FPPR for temperature sensitive streams identified
under GAR.
The wording of orders for objectives and measures can range from strategic (or general)
to specific (or detailed) keeping the following considerations in mind:
Strategic (or general)
Need for more flexibility (e.g. to encourage
different and innovative results, strategies and
practices thereby learning by doing and/or to
allow for new information/science in the future)
Unforeseen events or conditions (like wildfire or
beetle infestations) need to be accounted for
Order applies to non-spatial values (i.e. the order
does not have a map showing location of the
value)
Agreement holders have an established and
proven track record in sustainable forest
management (e.g. as demonstrated with forest
certification)
There is available documented professional
guidance on the value (where the strategic order
provides for a compelling ‘trail’ leading to the
best place of supporting information necessary to
address the order)
Specific (or detailed)
There are higher risk issues (e.g. species at
risk) as determined by a risk assessment
There is strong and stable science in support
of a particular action given the circumstances
(such as prohibiting or restricting a certain
activity or practice)
Orders applies to a spatially explicit value
and/or mapping the value will reduce
conflicts in areas with overlapping tenures
Newer or smaller agreement holders exist
that may prefer more directed ‘tell me what
to do’ actions and/or may not have ready
access to resource professionals best suited to
deal with the values in the proposed order
Agreement holders indicate a preference for
such actions (e.g. it may make both the
writing or addressing results and strategies in
FSPs and the approval of FSPs easier)
Where a specific (detailed) order is prepared given that there is less flexibility to
agreement holders, care must be taken to:
 consider and possibly allow for exceptions due to unforeseen circumstances such
as wildfire, pest outbreaks, windthrow, etc. If not, this may cause the need for
formal exemptions as provided for under FRPA.
 avoid orders worded in a manner that might otherwise trigger an impracticality
issue.
For example, general wildlife measures can be written in a manner that describes
government’s results for the subject value – what it is that must be delivered. The
language for general wildlife measures, therefore, can leave selection of delivery methods
to practitioners. When data are lacking, opportunities for cooperative monitoring and
adaptive management should be explored.
Where orders address species at risk, and where science indicates a certain practice is
known to reduce the risk to the species, and that science is specifically applicable to the
area of a proposed action, a prohibitive general wildlife measure may be acceptable. This
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decision ultimately needs to be made considering the identified risk to the resource value.
Where risk is identified as high a more prohibitive approach may be warranted.
When writing an order for either strategic or specific order, some ‘do’s’ and ‘don’ts’ to
consider include:
Suggested Do’s
Suggested Don’ts
Orders should be clearly worded so that users
have a common understanding of government’s
intended goal. If necessary, include definitions
in the order.
Orders should not include background
information, detailed procedural requirements,
nor should an order attempt to encompass the
rationale for the decision. This material can be
provided in a separate companion documents,
for example an appendix, but not in the order.
Separate clarifying documents may be useful
but should not form part of the order
In the case of objectives, enables a measurable
or verifiable result or strategy to be written
where applicable in an operational plan.
- Orders should not devolve a decision to a
future planning process or subsequent decision
maker.
-Orders should not include provisions for joint
decision making.
-Orders should not direct government staff
Orders must meet the requirements (i.e.
limitations on actions or tests) in regulation
(e.g. LUOR or GAR)
-Orders should not duplicate existing legal
direction contained either in legislation or in
existing orders.
There should be reasonable consistency in the
wording of similar types of Orders. Reviewing
recent applicable orders8 (i.e., those designed
for application to FRPA) can help promote
consistency, while respecting opportunity for
innovation and creativity in the drafting of
proposed orders.
-Orders should not be written so as to provide
another individual, other than the statutory or
delegated decision maker the ability to amend
an objective.
-Similarly, objectives should not be written to
suggest that policy documents that are subject
to change or committees are the ones that
determine the objective.
Orders should not be worded to say they
replace sections of FRPA or other Acts. Nor
should they be written in a manner that creates
a direct conflict with other sections of FRPA or
other Acts.
Terms in the order should be consistent with
those defined under FRPA and its regulations.
If a new term is used, a definition may need to
be provided in the order so that the intent is
clear.
Orders should be reasonably identifiable
(features), achievable (measures) and either
directly (features and measures) or indirectly
(objectives) be enforceable.
Orders should include a map(s) showing the
location of the area to which the action applies
if spatially explicit resource is being managed
Orders should not include a mandatory review
and comment date. If desirable to mention,
include in an accompanying memo.
Orders should not include footnotes. If the
information is important, include directly in the
order (e.g. definitions, or write into action)
8
Current GAR Orders for example are available at:
www.for.gov.bc.ca/hth/timten/FRPA_implementation/GAR%20Memo%20and%20Manual.htm
15
Objectives should be written in a way that the
delegated decision-maker (DDM) for an
operational plan can apply the tests in
legislation. That is so that the DDM can
determine whether or not the results or
strategies are “consistent” with the objectives,
are “measureable or verifiable”, and describe
the “situations or circumstances” where the
outcomes, steps or practices will be applied.
Orders should not include a preamble. While
many existing orders do, current legal advice is
that such context and background information
should be explained in a separate covering
memo that accompanies the legal order
Basic principles in administrative law need to be considered when government officials
make decisions including taking legal actions for the purposes of FRPA. The principles
are described in Appendix 5 of the Administrative Guide to FSPs9 and include:
 Jurisdiction – having the authorization to make the decision and making it within
the scope of your authority;
 Decisions: mandatory versus discretionary;
 Proper use of discretion;
 Proper delegation;
 Avoidance of fettering – so that the person with decision-making authority can
exercise that authority freely;
 Relevance – consider all relevant factors and avoid all irrelevant factors;
 Proper purpose – consider the overall purpose of the Act or regulation;
 Arbitrariness – so that similar facts produce similar results;
 Reasonableness – to avoid unreasonable decisions despite following proper
process;
 Making procedurally fair decision – including procedural fairness and natural
justice; and
 Remedies for improper decisions.
Other documents that may be considered when writing orders include:
 Writing Resource Objectives and Strategies: A Guide to Preparing Effective
Resource Management Plans10 is targeted at writing objectives and strategies for
resource management plans, as the title denote. Nevertheless, some of the advice
may be helpful when writing objectives for the purposes of FRPA.

Principles of Legislative Drafting.11 Part 2 in A Guide to Legislation and
Legislative Process in British Columbia.
3.6 Mapping considerations
Where a minister’s order is to establish a land designation, a map must accompany the
order. Agencies developing proposed orders are encouraged to use provincial base
mapping and the corporate spatial infrastructure such as DataBC and access tools like
9
http://www.for.gov.bc.ca/hth/timten/AGFSP/index.htm
http://ilmbwww.gov.bc.ca/slrp/lrmp/policiesguidelinesandassessements/index.html
11
www.llbc.leg.bc.ca/Public/PubDocs/bcdocs/376304/
10
16
iMapBC / MapView / Hectares BC to improve communication with agreement holders,
the public, and with agency staff including compliance and enforcement personnel.
When preparing mapping, please consider:
· Using an authoritative copy of any feature (e.g. stream, Landscape Unit) that you
may wish to follow when developing the boundary.
· Ensuring that the agency Data Custodian responsible for the particular feature
type (e.g. established VQO, Ungulate Winter Range) has made arrangements with
GeoBC for the regular transmission of operational copies of established
boundaries to DataBC so that they can be readily accessed by interested
stakeholders using corporate access tools This enables referencing the
established boundaries with other resource information and facilitates status
checks by agency staff when issuing new tenures or conducting plan reviews.
· When providing a representational hard-copy map or PDF ensure it is available at
a sufficiently large scale (e.g. 1:20 000 or greater), and includes sufficient
topographic features, place names and administrative boundaries to enable field
interpretation. To facilitate RC&C for large project areas (e.g. an entire Timber
Supply Area), a map at a smaller (1:100 000 – 1:1 000 000) may be necessary for
context or as an overview.
A digital copy of the map should normally suffice for RC&C with potentially affected
forest licensees. For some small operators and many range tenure holders who are not
equipped to receive a digital copy, a hard copy of the map may need to be provided. The
digital boundary defining the GAR area should also be available for affected parties to
use within their respective GIS environments, if arrangements have been made for
transmission to DataBC this is readily accomplished.
The category or type of resource feature or wildlife habitat feature may be identified in
the GAR order rather than a specified geographic location. S. 86 of the FPPR and s. 76
of the WLPPR indicates that the agreement holder must report the location of such
features in or contiguous to a cutblock or road during the annual reporting period if the
order establishing the feature requires that the location of the feature be reported.
3.7 Minor tenures
Under s. 2(2) and 2 (3) of the Government Actions Regulation, orders (including
measures and features) do not apply to the specified minor tenures that exist before the
order takes effect unless the order itself specifies that they are to apply to existing minor
tenures. It is important to note that RC&C requirements under GAR (see chapter 4.0
below) would then apply to these potentially affected minor tenure holders. Orders
(including measures and features) do however apply to any new minor tenures entered
into after the order takes effect and, although not required under GAR, anticipated
impacts should be addressed (e.g. for existing minor tenure holders who are expected to
get a replacement tenure).
Objectives do not apply to agreement holders (e.g. minor tenures) who are not required
to prepare an operational plan such as a Forest Stewardship Plan.
17
MFLNRO could consider the objectives that do not legally apply under FRPA (e.g.
because an FSP is not required) and add clauses in the tenure document under the Forest
Act to help ensure operations are not going to adversely impact the desired outcomes of
the order as a result of operations conducted under that tenure. This underscores the
importance of recording GAR orders in DataBC (as described above in chapter 3.6) to
help facilitate ‘status checks’ before new tenures are issued.
FRPA was primarily designed to address operational plans and practices associated with
the forest and range sector. Other industrial sectors, such as the mining, oil and gas,
independent power producers, commercial recreation (adventure tourism) and others may
require minor tenures under the Forest Act to cut trees that are incidental yet important to
their activities. This may also apply to government activities such as ecosystem
restoration or FFT where a minor tenure may be needed to cut trees. When writing
orders (see 3.5), consider how the proposed wording might affect these other sectors and
government. In some situations it may be important to include these activities while in
other cases it might not. If not included, the option exists to address the GAR value in a
manner perhaps more commensurate with the activity via conditions set when issuing the
minor tenure (as note earlier).
A minor tenure holder under the Forest Act generally has a primary tenure under another
enactment such as the Land Act. Another approach is for the agency responsible for the
primary tenure to consider objectives, measures and features that do not apply to minor
Forest Act tenures as part of the primary tenure. For example, the agency responsible for
a Land Act tenure could assess if the GAR objectives have relevance to their tenure
holder, and if so, include the need to demonstrate consistency with the objective as a
condition in the tenure. This approach further underscores the importance of recording
GAR orders in DataBC for good inter-agency and intra-agency communication about
best approaches for addressing the values intended to be conserved or protected under a
GAR action.
4.0 Review and comment and Consultation (RC&C)
In the interests of procedural efficiency, there is a need for consideration of matters
addressed in this chapter when exercising the regulatory tests discussed in chapter 5.0.
Some initial effort should be made to assess if tests appear to be met before too much
effort is invested in RC&C. For example, if it becomes clear that a requirement of the
regulation cannot be met, there are no grounds to proceed further with RC&C until the
matter is resolved.
It is important that information be provided to potentially affected forest and range
agreement holders, First Nations, and any public interests that are contacted to enable
them to respond to the proposed order in a meaningful way. For example:
(i) What are the values (wildlife, fish, water, scenic values, etc.) for which the
proposed order is needed to protect or conserve?
(ii) Where will the order apply?
18
(iii) What type of order is proposed (i.e. objective, measure or feature)?
(iv) If an objective or measure is envisioned, what is the proposed wording?
(v) Verify DWC pre-assessment results
The amount of information to be provided will vary depending on the situation. For
example, government may provide a preliminary assessment to agreement holders of
existing assembled information related to the tests described in chapter 5.0, while
encouraging them to provide additional information; this assessment may have
“placeholders” where forest and range agreement holders are requested to provide
information (e.g., on material adverse impacts on deliver wood costs, and potential undue
constraints on their ability to exercise their tenure rights).
4.1
Forest and range agreement holders
Section 3 (1) of the Government Actions Regulation (GAR) specifies a requirement to
enable forest and range tenure holders who will be affected by the proposed order to
provide review and comment before the order is established. In the case of establishing a
species category under s. 13 of GAR, review and comment opportunities are to be
provided to representatives of agreement holders. Species categories generally cover
large areas where review and comment can be more effectively and efficiently
accomplished in this fashion. Also, establishment by the Minister responsible for the
Wildlife Act of species categories does not in itself create any “requirement” for action by
an agreement-holder.
Section 3 (2) of the Government Actions Regulation (GAR) specifies a requirement to
consult with forest and range tenure holders where an order may have:
 an undue constraint on the ability to exercise rights under the Forest Act or Range
Act; and
 a material adverse impact on delivered wood costs for agreement holders under the
Forest Act.
GAR does not specify the way RC&C is to be undertaken with potentially affected
agreement holders. However, key considerations are:
 methods used (e.g. in writing and/or in person via meetings);
 nature and amount of information provided;
 time allowed for agreement holders to respond;
 nature and amount of input sought from agreement holders (verify DWC preassessment results);
 nature of the feedback provided by agreement holders; and
 nature of response back to agreement holders regarding their feedback.
It is important to note that GAR specifically uses the term “consult” in s. 3(2) and
“review and comment” in 3(1). This implies that a different method is required.
Consultation is considered to be more of an interactive requirement. While ‘review and
comment’ could be limited to written submissions, ‘consultation’ may provide
opportunity to make oral submissions and could involve making an offer to meet. Some
principles to consider when consulting with agreement holders include:
19



Must be meaningful – should not be done merely for the sake of getting through
the duty;
must provide a genuine invitation for agreement holders to make their views
known with a real opportunity for holders to take reasonable steps to inform and
influence a proposed decision; but
must also balance fairness and efficiency where agreement holders are given a
reasonable and adequate time to make their views known with the understanding
that potentially ‘hearing’ (meeting) will suffice if it enables agreement holders to
adequately present their views. However additional ‘hearings’ may be needed in
consideration of the degree of material adverse impact on agreement holder(s).
A letter should be sent to all potentially affected forest and range agreement holders to
provide them with an opportunity for review and comment, to offer an opportunity for
consultation, and to request specific information on how the proposed order could cause a
material adverse effect on delivered wood costs or constraint on exercise of the
agreement holder’s rights. This letter should be a follow-up to communications at time
of project initiation (chapter 3.1) and may be sent after some involvement with affected
parties in developing the proposed order (chapter 3.3).
It is important to emphasize that information provided by forest and range agreement
holders in response to review and comment should be as specific as possible and avoid
generalities.
Also of potential interest in a letter to forest agreement holders is the location of
cutlblocks and roads protected under s. 196 (1) of FRPA as well as declared areas where
an order does not apply as per s. 2 (2)(c) of GAR. This information can assist agencies
when preparing the proposed order including delineation of an appropriate area on a map.
Where reviews and subsequent assessment indicate that a material adverse impact on
delivered wood cost or undue constraint on the ability of a holder of an agreement under
the Forest Act or Range Act to exercise their tenure rights could occur, consultation with
affected agreement holders must occur prior to approval of a GAR order. This
consultation may include discussions on the specific nature of the material adverse
impact, how the impact could be mitigated. Discussions could examine how public
benefits might outweigh the adverse effect on delivered wood costs or constraint on
exercise of the agreement holder’s tenure rights. Feedback from agreement holders may
result in modifications to the proposal to reduce adverse effects, and should be useful in
developing the rationale for the action (chapter 6.0). Consider chapter 5.4 with respect to
consultation on potential material adverse impacts.
Even if no material adverse impact is indicated, if a proposed GAR action is on the
private land portion of a TFL, woodlot license or community forest, it would be prudent
to discuss this directly with the landowner/licensee including why alternative locations
could not be found on Crown land. As noted in chapter 3.2, avoiding actions on private
land if possible should be considered since an order on private land would no longer
apply if the tenure is not continued.
20
RC&C provides an opportunity for agreement holders to:
 inform the preparation of the proposed order (see 3.3);
 respond to a proposed government action by providing specific information on
how they could be affected; and
 offer information or options to mitigate the impact of the government action.
By working together to find solutions, areas of potential disagreement can be resolved in
a timely manner. It is important to note areas of agreement and disagreement (with
specific reasons provided, not generalities) in supporting documentation for DDM
consideration.
Once a decision is made to proceed with an order, publishing or otherwise making
available the schedule for upcoming orders is helpful to agreement holders who will be
subject to the orders. As noted in chapter 3.2, it is important to consider coordinating the
timing of orders so as to minimize the number of plan amendments.
Following completion of the order, it may also be worthwhile to meet with forest and
range tenure holders who were part of the consultation process about the order. This may
be needed where there were significant concerns raised regarding the action, or where the
final order has varied from the proposed order discussed during the consultation process.
The meeting would help ensure that affected tenure holders are aware of and understand
the order so that they may consider how best to comply.
4.2
First Nations
General considerations
The Government of BC is working with First Nations to implement the “New
Relationship”; a government-to-government relationship based on mutual respect,
recognition, and reconciliation. This is an ongoing, evolving process. In time, this
document may be revised to reflect developments related to consultation and
accommodation.
First Nations consultation policy and guidelines are updated from time to time. The most
current documents should be referenced during preparation of an order. Updated policy
documents may result in changes to the advice provided below.
Advice contained in this chapter is subject to existing memoranda of understanding,
Forest and Range Agreements or other agreements signed by the province and First
Nations. It is important to ensure consistency with those signed documents.
As suggested earlier (see chapter 3.3), consider involving First Nations when assessing
need for actions and when delineating land areas where proposed GAR actions may be
undertaken.
21
First Nations may have tenure agreements under the Forest Act or Range Act. Their
interests associated with their tenure must be addressed as described above in 4.1.
In general, the following steps are suggested for proposed government actions:
 send a letter to the potentially affected First Nation(s) providing background
information concerning the proposed action under the GAR. Request information on
the scope and nature of aboriginal interests that may be impacted by the proposed
action. Involving the First Nation early, may also identify collaboration opportunities
if they exist;
 follow-up with phone calls to the First Nation to ensure receipt of the background
information and to arrange a meeting to learn of aboriginal interests within the area of
the proposed action;
 where a meeting is arranged, provide detailed information regarding the proposed
action, request information on aboriginal interests related to the proposed action, and
explore how these interests may be impacted by the proposed action;
 if there is no response to letters or follow-up phone calls, the project team should
consider further actions to demonstrate diligence in carrying out the obligation to
consult, and to address impacts to aboriginal interests; and
 when a decision is made to proceed with an action, notify the First Nation of the final
decision, provide a copy of the order with an explanation of what has been done, for
what purposes, and summarize the expected effect of the action on forest resources
and forest practices.
The level of consultation required for any one action depends upon the strength and
nature of the aboriginal interests in the area of the proposed action, and the potential
impact the action may have on these interests. Factors that may affect the nature of a
consultation process include:
 the proximity of a First Nation community to the area of the proposed action;
 traditional use activities at or near the area of the proposed action;
 previous indications that the First Nation has interests in the area of the proposed
action;
 existing First Nations land use plans and land claims in the area; and
 the potential for the proposed action to provide protection for aboriginal interests
or a benefit to the First Nation.
Cultural heritage resources
A cultural heritage resource that is the focus of a traditional use by an aboriginal people12
and that is not regulated by the Heritage Conservation Act may be identified as a
resource feature under GAR. Such actions may supplement the cultural resources
objective under s. 10 of the FPPR by identifying specific sites of importance as well as
any land use objectives that address First Nations values and interests that might occur
for the area. When determining if GAR actions are needed to address cultural heritage
12
Note: ‘historic’ resources from non-aboriginal use (such as cabins) not already protected under Heritage
Conservation Act or other enactments could be addressed as a recreation-related resource feature under s.
5(1)(h) of GAR
22
resources, it is important to build a good working relationship with First Nations. Some
considerations when trying to build a good working relationship include:
 recognition that a third-party facilitator supported by First Nations may assist
discussions as it may foster effective two-way communications where First
Nations understand how FRPA and GAR work related to cultural heritage
resources and government understands cultural heritage resource values important
to First Nations;
 understanding that some First Nations may feel that the location of some cultural
heritage resources, like spiritual or sacred sites, needs to be kept confidential and
that s. 5(4) GAR enables the location of resource features to not be publicly
disclosed; therefore request from First Nations the level of confidentiality they
feel is appropriate for specified cultural heritage resources;
 recognition that it may take several meetings before good working relations and
trust are built in a manner that First Nations are willing to provide information on
cultural heritage resources;
 that lack of capacity may be an issue for First Nations where some support may
be needed to promote successful engagement;
 that most likely the key contacts regarding cultural heritage resources are the
spiritual leaders within the First Nations community; and
 staying engaged and connected with First Nations after the order is completed so
that good working relationships and trust are maintained.
Of particular interest is determining with First Nations where on-going traditional use
sites are located that are sensitive to forest and range activities and how they can be best
protected and conserved. Current forest and range practices, and corresponding
consultations with First Nations, may also help guide the location of important cultural
heritage resources.
4.3
Public interests
The province acts as “trustee” on behalf of the public, overseeing stewardship of publicly
owned resources including wildlife, fish, water, etc. Although not required by regulation,
it may be beneficial to provide the public with an opportunity to review and comment on
a proposed GAR order. This may be a prudent initiative when orders address values
where the public may be directly affected (e.g. VQOs in scenic areas; recreation values),
or where there is significant or broad interest in particular wildlife or water resource
values that are owned by the British Columbia public. This feedback may be important
when assessing the public benefits test associated with undertaking an action (see chapter
5.4). Investment in public review and comment may be commensurate with the potential
effect that a government action may have on the public interest in a non-timber resource
value.
Where public feedback is being solicited, contact with existing public forums or
community organizations may be both beneficial and efficient in terms of assessing the
public benefits associated with a proposed action. Such initiatives may include contact
with:
23


existing planning tables, advisory groups or other forums who may be able to provide
information about benefits and concerns associated with the proposed action; and
organizations and individuals who may be knowledgeable about the wildlife, fish,
habitat, water, scenic or other values in the area of the proposed order, and may be
able to provide information about the public benefits of the action, or information on
concerns they have about the proposal.
Public comments on Forest Stewardship Plans may provide insight on potential public
benefits and could be reviewed where they may pertain to a proposed action.
Additional parties to consider for review and comment could include holders of
government granted tenure rights and other interested parties where there is a potential
that the order may affect them such as:
 potential new agreement holders (such as minor tenures) where there is a likelihood
that the order could apply to them in the future;
 holders of surface and subsurface agreements whose tenure overlaps with the area of
the proposed action; and
 government agencies, including BC Timber Sales, who can provide information about
public benefits and concerns associated with the proposed action.
 [local governments when dealing with tenures in sensitive locations from both
environmental and public concerns]
Notice of a proposed government action could appear in the Gazette or local papers to
provide opportunities for public review and comment and to elicit engagement with key
organizations or groups.
4.4
Period for review and comment and consultation (RC&C) processes
The project lead responsible for preparing an order should consider what would be an
appropriate period of time for RC&C. This time period should be reasonable under the
circumstances, should be specified in the project work plan, and may need to be revised
as the project unfolds. Considerations can include:
 magnitude, complexity or potential impact of the order on agreement holders;
 nature of consultation process with forest and range agreement holders;
 need to address First Nations aboriginal interests;
 capacity of stakeholders to respond;
 urgency in conserving a resource value believed to be at risk if prompt action is not
taken; and
 the nature of involvement in development of the order (as discussed in chapter 3.3).
4.5
Document the review and comment and consultation (RC&C)
processes and their assessment
Carefully document, and retain in an appropriate file, records of all RC&C efforts, such
as copies of letters, times/dates of phone calls and meetings, and notes of phone
conversations and meetings including information that was provided and discussed
during meetings. Retain a copy of all submissions received, including information from
First Nations regarding aboriginal interests and how those interests may be impacted.
24
Where submissions have been received, it may be worthwhile to prepare a summary of
comments received. As well, ensure a summary of the information received from First
Nations is provided to the decision maker for consideration, accompanied by an outline
of the manner in which these interests are addressed by the proposed action. A summary
can assist the decision-maker responsible for an action to consider how comments were
addressed in a proposed order, and should assist in the preparation of a rationale (chapter
6.0).
When documenting submissions received, it is important to protect sensitive resource
values, including cultural heritage values, where disclosure of their locations could
adversely affect the value.
When assessing the information received as a result of carrying out both RC& C
processes, it may be useful to develop a two-column table that includes all comments by
topic area with recommendations or options for dealing with the comments. The intent of
the document is to assist staff in organizing and analyzing the information, and ultimately
in determining if changes to the order may be necessary. In some cases, the GAR agency
leading the assessment may request staff from other ministries to review and assess
specific comments received to help develop options. A second document which
organizes comments that are applicable to the requirements (tests) listed in chapter 5
should be assembled. Such a document will assist the decision maker to determine
whether the tests have been met or not prior to establishing the order.
25
5.0
Requirements of the regulation
The limitations on actions specified in section 2 of GAR are generally referred to as GAR
“tests”. The minister (or delegated decision-maker) must be satisfied that these tests have
been met before an order is issued. Delegated decision-makers should prepare a rationale
describing considerations for each test (chapter 6.0).
In the interests of efficiency and since each test must be met before an order can be
undertaken, consideration should be given to sequential “scheduling” of the tests as set
out in regulation, as follows:
 First: Consider specific criteria that apply to a government action for a particular
value before moving to the tests. Do all the specific criteria, set out in the GAR
section for the subject value, apply?
 Test 1: Is special management required? Is that special management – that would
conserve or protect the specific resource value in question, in the same area –
provided in FRPA or by another enactment? (see 5.1)
 Test 2: Is the proposed action consistent with established objectives? (see 5.2)
 Test 3: Would the proposed action unduly reduce the supply of timber from BC’s
forests? (see 5.3)
 Test 4: Do public benefits from the action outweigh any material adverse impact
on delivered wood costs and any undue constraint on the ability of a forest or
range agreement holder to exercise their rights under the agreement? (see 5.4)
Specific criteria apply to GAR actions for particular resource values. These criteria must
be considered first by the minister (or delegate) before moving to the tests in section 2 of
the regulation. Each provision of the regulation must be consulted for specific criteria
that must be met for an action to proceed. Some examples follow:
 under s. 5(1)(h), the minister must consider a recreation feature to be of
significant recreation value before it can be established as a resource feature;
 under s. 15, for temperature sensitive streams, the minister must be satisfied that
trees are required adjacent to the stream to manage the temperature of a
designated portion of that stream for the protection of fish; and
 s. 14 sets out several specific criteria for fisheries sensitive watersheds.
5.1
Requires special management (Test 1)
The minister must be satisfied that the proposed action “requires special management not
otherwise provided for under this regulation or another enactment”13. Any pertinent
special management that may be provided under FRPA or through existing government
actions should be considered. Other enactments which may deliver special management
to protect a specific resource value include the Drinking Water Protection Act, Wildlife
Act, Heritage Conservation Act, and the federal Fisheries Act.
13
The term ‘special management’ is used for each type of action under GAR except ‘general wildlife
measures’; however it may be inferred given the wording in s. 9 (2)(b)
26
It cannot be assumed that actions under other legislation will necessarily provide the
stewardship intended by a government action, particularly where the legislation addresses
a different value, or is intended for a different management purpose. For example,
legislation that protects drinking water cannot be assumed to protect fish in a fisheries
sensitive watershed or temperature sensitive stream.
GAR actions undertaken the minister for one value may incidentally conserve another
value. For example, a lakeshore management zone objective established may also
contribute to conserving habitat for a species at risk. However, should MFLNRO decide
later that the objective is no longer needed and cancel the order; it could then adversely
impact the habitat for the species at risk. To help ensure that the habitat is protected over
time, MFLNRO may decide to provide an overlapping wildlife habitat area order within
the lakeshore management zone. By doing so, these overlapping orders can provide a
desirable strategy of co-locating multiple values in a manner that reduces impacts and
constraints on the land base.
Given these considerations, it is important to provide an explanation as to why special
management is required, with particular attention to reasons why:
 existing FRPA provisions are not sufficient;
 other enactments do not provide the special management that is needed for that
particular resource value, and, for area designations, in that location; and/or that
 the co-location of values makes sense in order to reduce impacts and constraints
while better securing conservation/protection of the specified value.
5.2
Consistent with established objectives (Test 2)
The minister must be satisfied that a GAR order is consistent with all established
objectives. Established objectives can include any of the four types: land use objectives
from the Land Act, objectives in FRPA regulations, objectives enabled by regulation, and
objectives grand-parented by FRPA.
FRPA does not define “consistent”. The common dictionary definition should be used.
For example, a government action can be considered to be consistent if it is compatible
with, or in agreement with, established objectives. A government action can be viewed
as inconsistent with an established objective if there are significant conflicts. A specific,
localized government action is unlikely to “conflict” with a broader, generalized
objective for the same value already established over the same area. For example, a site
specific cultural heritage resource feature is not likely to be in conflict with the objectives
set by government for cultural heritage resources in s. 10 of the FPPR.
The incremental effects of government actions should be taken into account to ensure
consistency with established objectives, including the timber objectives in s. 6 of the
Forest Planning and Practices Regulation and the forage objectives in s. 7 of the Range
Planning and Practices Regulation. Means to address cumulative impacts are discussed
in 3.2 and 3.4.
27
District Objective Matrices are a tool that identifies what objectives apply for different
values in a given area. The tool can be used to help assess if a proposed new GAR action
is consistent with established objectives.
5.3
Not unduly reduce the supply of timber of BC’s forests (Test 3)14
The minister must be satisfied that a government action does not unduly reduce the
supply of timber from British Columbia’s forests. FRPA does not define “unduly” so
ordinary dictionary definitions should be considered such as “excessive”,
“disproportionate”, and “unwarranted”.
It is important that this test be considered in light of government’s policy on the timber
supply impact associated with forest practices legislation. The wording of the regulation
expressly states that this test applies at the provincial scale. Policy refinement for
Species at Risk (SAR) and Ungulate Winter Range (UWR) has provided sufficient detail
for consideration of this test at the FLNRO district (in the case of SAR) and forest
management unit (in the case of UWR) scales. The following should be considered as a
“benchmark” to assess if this test has been met:
 government’s policy regarding timber supply impacts associated with
implementation of forest practices legislation15,
 government’s approved land and resource use decision16, and
 the assumptions in support of the AAC decision for TSAs, TFLs and woodlots.
This test may not be satisfied if proposed actions cause impacts greater than those
intended (as noted above).
If a government action was an interagency effort or addressed several FRPA values, as
described in chapter 3.0, the “package” of proposed GAR orders should be assessed so
that cumulative impacts on timber supply are understood.
Recent AAC decisions generally reflect FRPA timber supply impact policy direction,
current management practices, and approved land and resource policy use decisions. If
so, the assumptions in support of the AAC decision could be a useful “benchmark” to
help determine if a government action might “unduly reduce the supply of timber from
British Columbia’s forests”.
An approved land and resource use decision, however, may not have been fully
considered in an AAC decision if it had not, at the time of decision, been given legal
effect for the purposes of forest practices legislation. In these instances, the “benchmark”
should reflect government’s approved land and resource use decision. The timber supply
impact analysis supporting the land and resource use decision , and any limits on these
14
See Disclaimer for tenures not on the market based pricing system at the beginning of the document
Impacts assessed in the 1996 Forest Practices Code Timber Supply Analysis guided delivery of the Code
and continue to guide FRPA. See www.for.gov.bc.ca/tasb/legsregs/fpc/pubs/timbersupply/tsa-toc.htm
16
‘Land and resource use decision’ refers here to approved strategic land use plans (e.g. Regional Land Use
Plans, Land and Resource Management Plans or LRMPs,, Sustainable Resource Management Plans or
SRMPs) and other land and resource use decisions (e.g. Clayoquot Sound; spotted owls, mountain caribou,
government-to-government First Nation agreements).
15
28
impacts specified in the decision , should be available to assist determination of the
consistency with “not unduly reduce the supply of timber from BC’s forests”.
5.4 Public benefits outweigh adverse impacts on agreement holders (Test
4)17
The minister must be satisfied that the public benefits derived from an order (e.g. to
protect wildlife, fish or water) outweigh any material adverse impact on delivered wood
costs, and any undue constraint on the ability of a forest and range agreement holder to
exercise their rights under agreement. A comprehensive multiple accounts socioeconomic analysis is not intended as a requirement for meeting this test.
Derived public benefits
Public benefits, including benefits to First Nations, may be social (including cultural),
economic and environmental in nature. These benefits may be quantitatively or
qualitatively described. Quantification of benefits may be possible where estimates of
use or investment can be reasonably obtained through existing information or reliably
attained through review and comment.
It is important to respect that some public benefits cannot be readily quantified. For
example, there are public benefits associated with protecting a species at risk, or a
cultural heritage value, even where there is no direct public use of the resource.
Sources of information for describing public and First Nations benefits can include:
 the reason – the public resource value that needs conservation or protection – for
undertaking a stewardship action through a minister’s order;
 comments received through the review and comment and consultation (RC&C)
processes (see chapter 4.0);
 documents supporting government’s land and resource use decision, particularly
information on the public interests in the value or area of a proposed action;
 comments received in review of Forest Stewardship Plans;
 inventory documents which may provide information about potential public
benefits; and
 any agency analysis of the public interest in, or derived from the value, or
delivered as an outcome of the action.
Material adverse impact on delivered wood costs
Test 3 discussed in 5.3 assesses broader timber supply impacts but does not address
localized operational impacts that may affect one or more forest agreement holders. This
component of Test 4 captures this potential impact. “Delivered wood costs” are defined
in s. 1 of the FPPR to “mean the costs associated with accessing and harvesting timber
and delivering it to a timber processing facility”.
As discussed in 4.1, consultation with Forest Act agreement holders is required when a
proposed action may have a material adverse impact on delivered wood costs. The
17
See Disclaimer for tenures not on the market based pricing system at the beginning of the document
29
consultation process is the means available to government to obtain information from the
agreement holder regarding the material adverse impact of a government action on
delivered wood costs. During consultation, affected Forest Act agreement holders should
be given the pre-assessment for review and should be asked to provide input and details
on:
 whether they believe there would be a material adverse impact on their delivered
wood costs, and how it is manifest,
 what the impacts are expected to be,
 how the proposed order for conservation or protection (e.g., of a wildlife, fish,
water, cultural heritage resource value) would impact these costs, and
 how the proposed order could be modified to mitigate impacts.
 Whether the pre-assessment has any information missing that is relevant to the
test
This input should be evaluated to determine if it is reasonable. Government agencies
should consider seeking advice from MFLNRO staff when assessing information
provided by Forest Act agreement holders. Information on delivered wood costs can be
evaluated to determine whether there are ways to mitigate material adverse impacts by
modifying the proposed action.
Note that the test is a “material adverse impact” not just an “adverse impact”. A
“material” effect is often defined as a “highly important” or “significant” effect. The
“significance” of a delivered wood cost increase may not always be related to the
magnitude of the increase. Small increases in delivered wood cost may be “significant”.
The test should be applied in the context of the operation affected, not over the whole of
the license or the whole of the agreement holder’s collective operations. This aspect of
the test implies comparing what would likely occur in the absence of the decision to what
would likely occur in light of the proposed GAR action.
If the impact on delivered wood costs is not considered “material” and “adverse”, it is
important to explain this in a rationale (see chapter 6).
“Delivered wood costs” are defined in the FPPR as “costs associated with accessing and
harvesting timber and delivering it to a timber processing facility”. Therefore this
includes the costs of:
 road construction, maintenance and deactivation;
 felling, yarding or skidding, processing and loading;
 hauling; and possibly also
 silvicultural treatments where applicable.
Principles of the pre-assessment
 In essence, the pre-assessment for delivered Wood Cost is a straight forward
"coarse filter" (not a major analysis) approach for government staff to categorize
the likelihood or potential risk that the proposed order may cause material adverse
impact to Delivered Wood Costs.
30





For a comparative value of the impacts of the order, the assessment of DWC
impacts should include an estimate of DWC for operations without the proposed
order in place and with the proposed order in place (or obvious initial options to
be considered).
This pre-assessment should be undertaken and coordinated by the agency
responsible for the type of GAR action and will be attached to the proposed order
for consultation purposes to enable industry to plan and participate in further
engagement.
Information used in the pre-assessment should be based on best information
readily available to government. Where the results of the pre-assessment indicate
a moderate or potentially high impact, it would be seen as a critical signal to
engage “affected” licensees to verify the information assumptions used and for
licensees to contribute as early in the process as possible to be sure their needs are
considered.
The pre-assessment provides increased transparency for all parties.
Revisions to the current process would largely be internal to government in
obtaining pre-assessment information.
Pre-assessment process
The agency initiating a possible GAR action should develop an internal list of
government key contacts from all the respective agencies that will provide information
needed to undertake the pre-assessment.
This agency will use the information provided by their contacts (best available
information within government) to complete the pre-assessment and prepare initial
proposed GAR order. There may be varying levels of information available depending on
what part of the province the proposed actions are to be undertaken. As part of this step,
it is recommended to include testing the DWC considerations using some upcoming GAR
proposals in the queue or use mock ups based on local information generated from
government systems such as General Appraisal System (GAS) which can generate
reports such as Logging and Silviculture cost estimates, Appraisal Market Pricing Rate
Confirmation, or the Appraisal system Data Listing. These mock-ups test and verify
assumptions made prior to finalizing the relevant considerations and attaching the preassessment results to the order moving forward and reaching out for external
engagement. The results of this should provide an estimated cost of;
1. current management, and
2. future management,
and the difference being the incremental cost for which the pre-assessment can be used to
rank risk of material adverse impact to DWC as High, Medium or Low. All this
information considered will serve to prepare a package respecting what the potential
DWC impact might be along with information regarding the public benefit that should be
weighed by the decision maker, the development of upfront options, improve overall
external engagement activities as well as the timeliness of the process and ultimately the
durability of decisions made with respect to the draft order.
31
The following steps should be followed in the preparation of a proposed order as it relates
to the Delivered Wood Costs aspect of the GAR test for determining whether the public
benefits derived from an order outweigh any material adverse impact on delivered wood
costs:
1. Determine licensee presence in the area
 Is the order on the coast or the interior? There will be different levels of
information available, for example, there are separate appraisal manuals. Contact Timber Pricing Branch, FLNRO.
 Are there any land-use decisions in place that affects baselines estimates of
DWC? Contact FLNRO local office for a listing of these decisions.
 Which 0perational plan's i.e. Forest Stewardship Plan, would the proposed
GAR area be within, or impact? ( FSP tracking system, Forest Tenures
Branch, FLNRO)
 Confirm presence of any Forest and Range Practices Act declared areas,
section 196 blocks/roads or Forest/ Range Act issued authorizations within or
adjacent to the proposed GAR area that have a certain level of protection? (
FSP Tracking System and FTA , contact Resource Tenure Branch)
2. Estimate cost of current management
 To what extent has the GAR resource value been reflected in the most recent
TSR? For example, was that value considered and would management of that
value be likely to require a significant new constraint to operations that has
not been considered in the latest TSR? (contact FLNRO, Forest Analysis and
inventory Branch)
 Check to see if there has been any significant revenue or cost survey work
undertaken consistent with the proposed GAR action, such as the west coast's
Ecosystem Based Management specialized ops., or a "specified cost" estimate
for a particular activity, or adjustments from the appraisal manual (contact
FLNRO, Timber Pricing Branch)
3. Estimate cost of future management (contact FLNRO timber pricing staff)

Have any other pre-assessments been undertaken for comparable GAR
Orders or any local/regional cost surveys been undertaken that could provide
useful information to help better quantify the true impacts of such orders? (
contact FLNRO, Timber Pricing Branch)
 Consideration needs to be given to the type of GAR action, such as full
exclusion i.e. restrictive resource features or certain GWM's verses VQO's or
Community Watersheds. Also need to consider if the specific location is
unknown, such as Wildlife Habitat Feature's or karst.
 Consider the temporal or magnitude of aspect of DWC, i.e. would the GAR
area be harvested in the short term or over a longer horizon? Is there a large
merchantable volume potentially impacted? Possible implications if tenure
holder is area based (i.e. woodlots) or limited to a particular harvest profile?
 What representative cost data is available from BCTS? (Contact Timber
Pricing Branch or BCTS head office)consider whether the proposed order:
32









precludes harvesting of merchantable timber in the timber harvesting land
base and if so, the extent to which the action would require operations to
shift to other areas or stands that cost more to log;
restrains access to merchantable timber in the short-term and requires
shifts of operations to other areas;
restrains forest access through timing of access, road standards, or
deactivation requirements and, if so, how might this affect logging costs;
significantly alters use of silviculture systems or harvest methods that may
affect variable costs;
requires agreement holders to alter or redeploy infrastructure in a manner
that affects fixed costs;
reduces the harvesting of a stand of trees against which fixed costs are
amortized (e.g. restrictions on size of cutblock and amount/area to be
harvested within the cutblock);
restricts type of equipment that can be used (e.g. helicopter versus ground
based harvesting systems);
restricts time of year that a forest activity can occur; and
alters the access to the timber profile in a manner that affects variable
costs.
4. Estimate of incremental cost (#3 minus #2 above)
 As on the ground operations may not be known at this point of the process,
utilizing an appraisal cost estimate, if available for the activity, could be a
good first step to identify a base cost. There may be anticipated operation
challenges within or adjacent to the proposed GAR actions area that may be
affected in a way that the appraisal cost estimate doesn't or hasn't considered?
If so, what are they? I.e., incremental costs associated with special
transportation, ferry costs, overhead, increased cruising, layout, staff time,
silviculture, economics of scale, changes to percent harvest level and cost per
m3 increased with higher retention, development costs, etc. ( contact FLNRO
Timber Pricing Branch) note: this may be one of key areas industry
engagement will assist with more information with on the ground operations
 Does the pre-assessment identify specific questions government may have for
the licensees during the engagement part of the process? If so, these should
be included as part of the engagement with industry.
 Are there obvious possibilities for lost opportunity costs and added costs
associated with replacement or substitute volume?
 Would the implementation of the order permanently isolate timber that would
otherwise be available for harvest? If so, how much and what is the foregone
economic activity?
5. Assign pre-assessment estimate rating for incremental DWC to current
management costs
High
1. known incremental costs to licensees - important for industry to contribute
further cost information to help inform the decision making process
33
2. likely to incur significant additional increased costs but cost estimates that
are not reflected in the appraisal manual
Medium
1. known incremental costs to licensees - important for industry to contribute
further cost information to help inform the decision making process
2. increased costs may partially be offset by the appraisal manual or
modifications to cutblocks, timing of operations, etc.
Negligible
1. DWC test likely easily met - less important for industry to contribute cost
information to the decision making process
2. all costs offset by appraisal manual
The process and considerations outlined above provide a consistent standardized
approach to assess the ease of the GAR DWC test to be met and potential industry
engagement implications so as to prepare the best possible draft order for the
review/comment or consultation steps in the process.
If the impact on delivered wood costs is suspected to be material and adverse, the impact
of a minister’s order may be qualitatively or quantitatively described depending on the
nature of licensee feedback or readily available information.
The effect of increasing delivered wood costs and reduced operating margins could have
indirect socio-economic consequences for operations in the vicinity of the intended action
and, if so, this should be assessed and described.
When undertaking an assessment, the underlining assumptions need to be made clear so
that they can be evaluated with respect to any uncertainties.
In the absence of any feedback from agreement holders, despite diligent attempts to
solicit input, a professional judgment of expected material adverse impacts should be
provided and documented based on available information.
Undue constraint on the ability of an agreement holder to exercise their rights
The consultation process can provide information on how the proposed order may have
an undue constraint on the ability of an agreement holder to exercise government granted
rights under the Forest Act or Range Act. The rights granted to forest or range agreement
holders are tenure rights to harvest a specified volume of timber or utilize an amount of
forage, within a given area over a specified period of time.
Consideration of the ability of tenure holders to exercise their rights may include, for
example, in the case of Forest Act agreement holders:
 ability to find the allocated volume of timber on the ground after taking into
account the constraints;
34



ability to take permitted profile of species (where the reduced margin of operation
issue discussed previously arises);
ability to build up a reasonable level of approvals; and
ability to reasonably access the resource e.g. through the construction of roads.
In the case of Range Act tenure holders, this can include the:
 ability to graze the number of livestock consistent with the authorized use of the
Range Act tenure;
 ability to make use of the forage consistent with the intents of the Range Use Plan
or Range Stewardship Plan; and the
 ability of an agreement holder to be vigorous, efficient and world competitive as
noted in s. 7(f) RPPR.
At one end of the spectrum of considerations, undue constraint suggests that some level
of ‘challenge’ to exercising tenure holder rights is acceptable. On other end of the
spectrum, if the proposed action prevented rights from being exercised, there would
clearly be an undue constraint.
In order to help address these issues, potentially affected agreement holders should be
asked to provide input on whether they believe there would be an undue constraint on
their ability to exercise their tenure rights. If it is believed that there is such constraint,
the agreement holders should describe (with detail and specifics) the nature and extent of
the constraint, how the proposed action would cause the constraint, and how the order
may be modified to reduce or remove the constraint. This input should be evaluated to
determine if it is considered reasonable, and the proposed action should be modified
where warranted to mitigate the undue constraint.
There may be a link between the ability to exercise timber harvesting rights under an
agreement and the potential adverse impact on delivered wood costs. For example,
where an increase in delivered wood costs causes a large volume of timber to become
unavailable due to economic factors (e.g. increased marginal costs), such an outcome
could substantively impact the agreement holder’s ability to access the volume of timber
specified in their tenure document.
In the absence of information from agreement holders, despite diligent attempts to solicit
input, the pre-assessment and a professional judgment of expected undue constraints on
exercise of tenure rights should be provided and documented based on available
information.
Do the public benefits to be derived from the order outweigh adverse impacts?
Determining if derived public benefits outweigh expected material adverse impacts will
ultimately be a qualitative judgment, but should be supported by quantified estimates
where reasonable to do so. Although it is unlikely that the public benefits will be
measurable in equivalent units (like dollars), it may be possible to make quantitative
estimates for some of the more important factors.
35
In each of the considerations under section 2(1) (c) of the regulation it is important to
note that the public benefits are to be considered against:
 any material adverse impact of the order on delivered wood costs for Forest Act
tenure holders, and
 any undue constraint on the ability of an agreement holder to exercise tenure
rights under the Forest Act or Range Act.
There must be a finding that the action will have a reasonable potential to cause impact
or constraint before there is a need to consider the public benefits that derive from the
order. If a decision maker does not consider the impact on delivered wood cost to be
material and adverse, or the constraint on ability to exercise tenure rights to be undue,
then it is likely that this test has been met if there are public benefits with the proposed
order by providing special management to conserve or protect a resource value (e.g.,
wildlife, fish, water, cultural heritage).
5.5
Criteria for features
Other criteria apply in the case of actions under GAR to identify features, as for example,
in section 5(3) related to resource features and section 11(2) regarding wildlife habitat
features. These sections state that identification of a feature:
 may be by category or type, and may be restricted to a specified geographic location,
and
 must be sufficiently specific to enable a person affected by it to identify the (resource
or wildlife habitat) feature in the ordinary course of carrying out forest practices or
range practices.
Many types of resource features or wildlife habitat features will be unique or so
distinctive that they can be geographically identified and mapped, and this information
can be provided in the respective order. Specifically locating the feature where possible
is normally preferable as agreement holders will then know where their practices need to
modified if necessary to meet the practice requirement.
However, where the feature cannot be geographically identified in the order, it will be
important for the feature to be sufficiently described so that they can be located ahead of
forest or range operational activities (e.g. in the site plan). For example, in the case of
wildlife habitat features, mineral licks and nests for specified species of birds may not be
identified in the order but will need to be located by the agreement holder. Where the
feature is not geographically located in the order, the description of the feature in the
order should be sufficiently clear and understandable to be recognized by the resource
professionals who prepares site plans, and by the ground crews who carry out activities in
the field.
Although not a criterion, it is important to remember that under s. 56 of the FPPR, the
annual reports submitted to the district manager must include the location of any resource
feature or wildlife habitat feature in or contiguous to a cutblock or road of which feature
the holder is aware during the reporting period if:
36


the holder has not, in a previous reporting period, reported the resource feature or
wildlife habitat feature, and
the order establishing the resource feature or wildlife habitat feature requires the
location of the feature to be reported under this section.
Please refer to Chapter 4.2 for advice when contacting First Nations about the possibility
of identifying cultural heritage resources as resource features.
6.0
Rationale Document
A minister’s order should be accompanied by an explanation of the manner in which the
action meets each of the regulatory tests pertinent to the specific action. Key
considerations for each aspect of the order should be summarized for the file record and
either be readily available for distribution upon request or posted to the public website of
the agency responsible for the GAR action.
The rationale should provide a window into the reasoning behind the decision and be
complete enough so that, if it is challenged, it will have enough substance to be
defensible. The length of a rationale will depend on the circumstances and issues raised
in each case. If specific concerns arise about how to best express a determination, a
solicitor with the Ministry of Attorney General’s office can be contacted before
completing the rationale.
Table 1 provides a summary of considerations that could form the basis of a rationale
supporting a minister’s order. The rationale should be augmented by area-specific
information, including a summary of information received regarding aboriginal interests
and how these interests were accommodated.
Table 1: Summary of considerations in meeting GAR tests
GAR test
Criteria for individual
GAR actions
Special management
(Test 1 -chapter 5.1)




Consistent with
established objectives
(Test 2 - chapter 5.2)
Summary of considerations in meeting tests
Is the delegated decision-maker satisfied that the proposed order
meets the criteria specified in the relevant section of the regulation
(e.g. fisheries sensitive watersheds, temperature sensitive streams)?
Do FRPA provisions for protection of other values also provide the
special management that can be relied on to conserve the value in
the area(s) of concern?
Do other enactments conserve the value in the area(s) of concern?
Do existing government actions provide the special management for
this value in this location?
Is the proposed action consistent with:
 Land use objectives
 Objectives in regulation
 Other objectives established under authority of the GAR
 Grand-parented objectives
37
Not unduly reduce the
supply of timber of BC
forests (Test 3chapter 5.3)

Public benefits (part of
Test 4 - chapter 5.4)



Material adverse
impacts on delivered
wood costs (part of
Test 4)



Undue constraint on
the ability of an
agreement holder (part
of Test 4)



Public benefits
outweigh any material
adverse effects and
undue constraints
(Test 4)
7.0

Is the action consistent with government’s timber supply impact
policies?
Is the action consistent with the timber impact policy associated
with the government approved land and resource use decisions?
What are the public benefits that may be derived from the order to
conserve/protect a public resource value such as water, fish,
wildlife, cultural heritage?
How does the order address public and First Nation interests in the
area of the action?
Has the information acquired through consultation with affected
agreement holders been considered?
Are the impacts on delivered wood costs considered to be material
and adverse? And, if so, to what extent?
What changes to the action have been undertaken to address
identified, material adverse impacts on delivered wood costs?
Has the information acquired through consultation with affected
agreement holders been considered?
Are the constraints on the ability of the agreement holders to
exercise rights under the agreement considered to be undue? And, if
so, to what extent?
What changes to the action have been undertaken to address
identified, undue constraints on the ability of the agreement holder
to exercise their rights under agreement?
Describe why it is believed that public benefits outweigh any
material adverse impact on delivered wood costs and undue
constraint on the ability of agreement holders to exercise their
rights.
Notice of an Order
Section 4(1) of the regulation requires that notice of an order be given before the order
has legal effect. Section 4(2) states that notice is sufficiently given if the notice includes
a copy of the order or contains particulars or a summary of the order and is:
(a) posted on website of the ministry of the minister or DDM who takes the action,
(b) published in the Gazette, and
(c) made publicly available at the regional office of the forest region to which the order
relates. Note that this means all notices or orders, regardless of the ministry who
undertakes a government action, must be available at the applicable MFLNRO regional
office.
Regarding (a) above, the notice must be posted on the ministry’s Official Notices
webpage.
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Regarding (b) above, given costs associated with gazetting, the notice of the order in the
Gazette would normally reference where more information about the order, including the
order itself, can be found (e.g. website location).
Further to (c) above, a copy of the notice must be forwarded to the regional MFLNRO
office. The MFLNRO regional office will ensure the notice is made publicly available as
required under GAR. This may mean posting the notice so that it can be viewed, making
copies of the notice available on request, or allowing public viewing of the notice upon
request.
Where there is sufficient public interest, it may be appropriate to publish the notice in
local newspapers, with information on how the order may be viewed by the public.
In addition to meeting the requirements of s. 4(1) of the regulation, it would be good
practice to have all government orders that affect forest and range agreement holders
within a region be found on the local FLNRO district website (e.g. in district objective
matrices). In this manner persons required to comply with forest practices legislation can
readily obtain information on actions that might affect them at one website.
Where orders are available on the responsible ministry’s website, the district objectives
matrices should link to the original order rather than posting a copy of the order on the
district site. This is particularly important to ensure accuracy and version control, should
amendments occur.
The Government Actions Regulation orders are posted on the MFLNRO website via a
link to Ministerial Orders that is maintained by the MFLNRO Corporate Initiatives
Division. Many values where actions may be taken have a dedicated website where it
may be appropriate to post the order. Posting the orders on these websites provides
useful information as long this service is maintained and updated so that new notices are
not inadvertently omitted and links are made to the original order. This will enable
persons searching for GAR orders to access them from a central location.
Copies of an order should be sent to:
 all potentially affected forest and range tenure holders; and
 other parties who may have expressed an interest in the order through the review and
comment and consultation (RC&C) process (e.g. First Nations, other tenure holders,
public interest groups, other agencies, BC Timber Sales).
For wildlife habitat areas, wildlife habitat features and resource features where the
minister believes that disclosure may subject values to damage or disturbance, the order
must not disclose the location of the value. Instead, a written notice regarding the
location of the area or feature is to be provided to affected agreement holders with
conditions prohibiting disclosure of the location of the area or feature, or restricting the
extent to which, or the persons to whom, the location of the area or feature may be
disclosed.
39
As noted in chapter 3.6, boundaries that accompany the order should be copied to
DataBC. This allows use of these boundaries in any sort of ‘status check’ by agency staff
before new tenures are issued or plans are approved. In the original consultation stages
for a new order, online access tools such as IMapBC, Hectares BC and MapView allow
agencies to quickly share live maps of areas with many internal and external
stakeholders. These tools permit manual delineations of boundaries and the direct
uploading of digital files for integration into the distributed map.
8.0
Varying or Canceling a GAR Order
The minister responsible for undertaking a government action also has the authority to
vary or cancel an action. There are no specific regulatory provisions in regulation related
to varying or canceling a government action. Four types of situations may arise:
 correcting a minor error in the order;
 minor variation to the order;
 major variation to the order; and
 canceling an order.
The delegated decision-maker who was responsible for the government action is also
responsible for varying or canceling the order, unless the authority for amendments has
been sub-delegated.
The exemption provisions in FRPA (see below) should be considered before an order is
varied or cancelled.
Correcting a minor error in the order
A minor error in the order may include a spelling error or a grammatically confusing
statement, or a map that does not provide a sufficiently geo-referenced base to allow for
its accurate location on the ground. Where the delegated decision-maker is satisfied that
correcting these minor errors does not change the intent of the original order, the minor
error in the order can be corrected without consultation, or renewed efforts to
demonstrate that the tests in regulation have been met. Agreement holders who must
comply with the order should be sent the revised order. The corrected order should
replace the previous one on websites (see chapter 7.0 above).
Minor variation to the order
Minor variations to orders may be needed to refine the intent of the original order. For
example, improved information may suggest a shift in the boundary of the established
land designation area, or the wording of the objective or general wildlife measure may be
improved without significantly affecting the intent of the original order. Where the
delegated decision-maker is satisfied that a minor variation does not materially change
the original order or its effect on agreement holders, the tests in regulation can be readily
met by the providing a short rationale to this effect. The rationale can describe the nature
of the minor variation and why it is needed. The proposed variation to the order should
be sent to affected agreement holders to ensure review and comment and consultation
40
(RC&C) requirements have been addressed. Notice of the varied order must be given
(see chapter 7.0 above).
Major variations to the order
Major variations to orders may be needed in order for government to act on new
information. This may mean changing the boundary or location of the designated land
area, or the objective or measure for that area. Major variations could have a material
effect on forest or range tenure holders. Consequently, these actions should be treated as
if a new government action is being developed. It will be necessary to undertake review
and comment and consultation (RC&C), demonstrate achievement of the tests in
regulation, and meet the notice of order provisions.
Canceling an order
The requirements of the regulation that apply to undertaking a government action do not
apply to the cancellation of a government action. Further, canceling an action should not
adversely affect a forest or range tenure holder. Consequently there should be no need to
undertake a RC&C processes, or to demonstrate that the tests have been met.
Although not required, it would be good practice to undertake a public review and
comment process before canceling a government action from which significant public
benefit may be derived. Where the decision to cancel an action is made, it would be good
practice to provide appropriate notification to potentially affected parties, including forest
and range agreement holders who are no longer affected.
Exemptions
The exemption provisions under FRPA should be considered before varying or canceling
an order. Under s. 91 and 92 of the FPPR, the applicable minister may exempt a forest
agreement holder from an applicable provision under GAR if satisfied that compliance
with that provision is not practicable, given the circumstances or conditions applicable to
a particular area. Exemption provisions also exist in the RPPR and WLPPR that may
apply to GAR.
Applying applicable exemption provisions for unique and specific circumstances may be
preferable than varying or canceling an order that may otherwise be applicable for most
situations. However, if exemptions appear appropriate in response to a particular GAR
order in many situations, then this may trigger the need to either vary the order or to
cancel it and replace it with a new order.
9.0
Continuous Improvement
Under a “results based model” of forest management, GAR actions help drive forest and
range operational plans and practices. For example, forest stewardship plans must
include results and strategies that are consistent with legally established objectives.
Minister’s orders to conserve/protect resource values should be periodically reviewed
and/or monitored to help ensure that the legal direction established by order is effective in
achieving the desired outcomes and effectively protecting the resource value.
41
Without review and monitoring, GAR actions could become out of date, irrelevant or at
worst result in outcomes on the ground that are contrary to good forest management. As
part of the commitment to continuous improvement agency staff with responsibilities
under GAR should undertake periodic reviews of and monitor the legally established
actions they have authority for to determine if the GAR order is effectively protecting the
resource value. The review and monitoring may address whether the area under the GAR
order is still appropriate and/or if the results-based response to the order (via plans and
practices) are effective. Monitoring efforts may be formally linked to the Forest and
Range Evaluation Program (FREP).
Review may entail meetings with forest and range agreement holders affected by an
action with appropriate agency operations staff to determine what has worked well and
what hasn’t. Operations staff may be aware if the order is causing unanticipated concerns
or issues. Other potentially interested parties, such as First Nations or stakeholder groups
interested in the value addressed by the order, may also need to be involved in the review
process.
While the primary responsibility for monitoring orders will rest with the applicable GAR
agency, monitoring can be a collaborative process whereby other agencies bring
information forward. For example, findings from FREP monitoring projects could help
inform the applicable GAR agency about how well the order is being implemented.
Forest and range agreement holders, First Nations or other interested parties may also be
interested in collaborating with the applicable GAR agency on monitoring activities
geared to continuous improvement. Their assistance and support can help ensure that
monitoring is carried out in an efficient and effective manner.
Feedback from review and/or monitoring may result in the applicable GAR agency
either:
 being satisfied that the order is working effectively as intended;
 providing advice to help ensure the existing order works more effectively; or
 considering if the order should be varied or cancelled if it is not effective.
Continuous improvement through review and monitoring are critical part of the “resultsbased” FRPA model where:
 government sets clear objectives and other actions at the front end;
 industry and professionals deliver through planning and practices on the ground –
the ‘how to’s’; and
 review and monitoring for compliance and effectiveness provides the necessary
feedback to enable continuous improvement of government actions at the front
end as well as industry and professional delivery.
If through review and monitoring it is determined that one or more GAR tests are not
being satisfied (chapter 5.0), this may trigger the need to re-evaluate the applicable GAR
order to determine how it might be varied so that the tests are met. For example, when
42
the GAR order is established the best readily available information may indicate the tests
are being met, but when implementing the order it is found that a particular test cannot be
met. Although GAR does not require that the tests be re-applied to an existing order, it
would be good practices to assess the order to determine how it could be varied so that
the tests can be attained.
References
Administration Guide for Forest Stewardship Plans. Ministry of Forests and Range.
Resource Tenures and Engineering Branch. Brings together advice on developing and
administering FSPs for forest agreement holders who prepare FSPs, and MFR and other
government staff who review and approve FSPs. Describes relationship between
government objectives and results or strategies in FSPs under FRPA.
http://www.for.gov.bc.ca/hth/timten/AGFSP/index.htm
Considerations for the Selection of LUOR and GAR. 2008 revision. Provides advice on
using the two regulations in a complementary manner since either tool could be used in
some situations to give legal effect under FRPA to aspects of approved land use plans. A
series of step-wise considerations are provided. Revised version to be posted at:
http://www.for.gov.bc.ca/ftp/hth/external/!publish/web/frpa-admin/frpaimplementation/luor-gar-considerations.pdf
Forest Practices Code Timber Supply Analysis. 1996. Ministry of Forests and Ministry
of Environment, Lands and Parks. Government’s policy regarding timber supply impacts
associated with implementation of forest practices legislation was based on this analysis.
http://www.for.gov.bc.ca/hts/pubs.htm
Land Use Objectives Regulation: Policy and Procedures. 2008. Provides advice to staff
when addressing requirements set out under the Land Act and the regulation including
guidance on preparing a draft order, review and comment, meeting criteria for establish
land use objectives, and when establishing, amending or canceling an order.
http://ilmbwww.gov.bc.ca/slrp/legalobjectives/whatarelor.htm
Memorandum of Understanding on the Establishment of Ungulate Winter Ranges and
Related Objectives. 2003. Ministry of Environment. Describes agency roles and various
types of ungulate winter ranges and objectives.
www.env.gov.bc.ca/wld/frpa/uwr/docs.html
Procedures of Managing Identified Wildlife. 2004. Ministry of Water, Land and Air
Protection (now MOE). Describes the procedures for establishing, modifying and
rescinding wildlife habitat areas.
http://www.env.gov.bc.ca/wld/documents/identified/IWMS%20Procedures.pdf
Scenic Area and Visual Quality Objective Designations. 2004. Memo from Ministry of
Forests and Ministry of Sustainable Resource Management.
43
http://www.for.gov.bc.ca/hfp/fordev/visual_resource_mgnt.htm#publications
Use of the Term “Practicable” under the Forest and Range Practices Act (FRPA) and
Regulations. 2005. Ministry of Forests. FRPA General Bulletin Number 3.
http://www.for.gov.bc.ca/rco/pfit/Bulletins.htm
What’s New in FRPA (2005): FRPA Training Companion Guide. 2005. Ministry of
Forests; Ministry of Water, Land and Air Protection; Ministry of Sustainable Resource
Management.
http://www.for.gov.bc.ca/code/training/frpa/forestry_modules_companion_guide_download.html
Writing Resource Objectives and Strategies: A Guide to Preparing Effective Resource
Management Plans. 2004. The document is targeted at writing objectives and strategies
for resource management plans, as the title denote. Nevertheless, some of the advice may
be helpful when writing objectives for the purposes of FRPA.
http://ilmbwww.gov.bc.ca/slrp/lrmp/policiesguidelinesandassessements/index.html
44
Appendix 1: Summary of Government Actions Regulation
Figures 1-4. Source: Davis LLP's British Columbia Forestry Law: An Annotated Guide.
Canada Law Book. 2008. Edited by Garry E. Mancell and Brian D. Gilfillan.
Figure 1: Three Categories of GAR Decisions
All GAR Decisions
1. GAR Decisions that Create
Species Designations
See Figure 2
2. GAR Decisions that Trigger Practice
Requirements
See Figure 3
3. GAR Land Use Decisions and
Related Objectives
See Figure 4
45
Figure 2:
GAR Species Designations and
GAR Decisions that Can Follow From Those Designations
GAR Decisions that Create
Species Designations
Species at Risk
(GAR s.13(1))
Regionally Important Wildlife
(GAR s.13(2))
Wildlife Habitat
Areas
(GAR s.10(1))
Ungulates
(GAR s.13(3))
Ungulate Winter
Ranges
(GAR s.12(1))
General Wildlife Measure
(GAR s.9(1) or s.9(2))
Objective
(GAR ss. 10(2) and 12(2))
See Figure 3
See Figure 4
46
Figure 3: GAR Decisions that Trigger Practice Requirements and
the Practice Requirements Triggered
GAR Decisions that Trigger Practice Requirements
Resource
Features
(8 types)
(GAR s.5(1))
Wildlife Habitat
Features
(5 types)
(GAR s.11(1))
Temperature Sensitive
Streams
(GAR s.15)
General Wildlife
Measures
(GAR s.9(1) or 9(2))
Practice Requirement:
Practice Requirement:
Practice Requirement:

If authorized person*
conducting primary forest
activity**, must not damage
or render ineffective the
feature (FPPR s.70)


If authorized person*
conducting primary forest
activity**, must comply
with GWM (FPPR s.69)


If woodlot licensee:
For resource feature:
if carrying out forest
practice, must
o
carry out
measures in plan
re feature; or
o
if no measure,
must not
damage or
render
ineffective the
feature
(WPPR s.56(1))
For wildlife habitat
feature, must not
damage or render
ineffective the feature
(WPPR s.56(2))
If woodlot licensee
conducting primary forest
activity, must comply with
GWM (WPPR s.55)

If Range Act agreement
holder carrying out range
practice, must not damage
or render ineffective the
feature
(RPPR ss.37 & 38)

If authorized person*
felling, modifying,
removing trees in riparian
management area of
temperature sensitive
stream or tributary, must
retain tress and/or
vegetation (FPPR s.53)
If woodlot licensee, same as
above, except applicable
only in riparian
management zone
(WPPR s.42)
Practice
Requirement:
Field Level
Effect of GAR
Decisions for
Forest Act and
Range Act
Agreement
Holders


GAR
Decisions
If Range Act agreement
holder, not applicable
If Range Act agreement
holder, practice must be
consistent with GWM or
alternative in plan (RPPR
s.36)
*“authorized person” defined in the FPPR and includes:
 all Forest Act agreement holders, except woodlot licenses; and
 certain persons authorized to construct, maintain or deactivate certain roads.
**“primary forest activity” defined in the FPPR
“FPPR” - Forest Planning and Practices Regulation
“RPPR” - Range Planning and Practices Regulation
“WPPR” - Woodlot License Planning and Practices Regulation
47
Figure 4: GAR Land Use Designations, Related Objectives and Planning and Field Effects
Wildlife
Habitat
Areas
(GAR s.10(1))
Ungulate
Winter
Ranges
(GAR
s.12(1))
Community
Watersheds
(GAR s.8(1))
Fisheries
Sensitive
Watersheds
(GAR s.14(1))
Lakeshore
Management
Zones
(GAR s.6(1))
Scenic
Areas
(GAR s.7(1))
GAR
Decision
GAR Objective Pertaining to Land Use Designation Established
(GAR ss.6(2), 7(2), 8(2), 10(2), 12(2), 14(2))
All GAR
Objectives that
pertain to area
subject to plan
(FRPA s.5(1)(b))
GAR Objectives for:
 fisheries sensitive watersheds
 community watersheds
that pertain to area subject to plan
(WPPR s.9(2)(e))
Forest
Stewardship Plans
Woodlot License
Plans
Subject to exceptions, plan must
have result or strategy consistent,
to extent practicable, with
objective
(FRPA ss.5(1)(b) and 13(1)(b))
GAR Objectives for:
 community watersheds
 wildlife habitat areas
 ungulate winter ranges
that pertain to area subject to
plan (RPPR s.21(1))
Range Use
Plans
Plan must be
consistent with
objective
(FRPA ss.33(1)(e)
and 34(1)(e))
Range
Stewardship
Plans
Plan must be
consistent with
objective
(FRPA s.35(1)(d))
Planning
Level
Effect
Minister may
authorize
results/strategies
(FRPA
ss. 32(2)(b) and
35(2))
Must achieve result, or carry out
strategy, in plan
(FRPA s.21(1))
If graze, cut hay, conduct / maintain range
development, must do so in accordance
with plan
(FRPA s.45(1))
“FRPA”: Forest and Range Practices Act
“FPPR”: Forest Planning and Practices Regulation
“RPPR”: Range Planning and Practices Regulation
“WPPR”: Woodlot License Planning and Practices Regulation
48
Field
Level
Effect
Appendix 2: MFLNRO GAR Orders Filing and Posting Checklist
Note 1: The intent of this checklist is to ensure that MFLNRO GAR Orders are given
legal effect, to ensure that the legal requirements for GAR Orders are met and to
recommend a consistent approach for dissemination and filing of orders.
Note 2: The contacts and advice in the Checklist may be updated before this GAR Guide
is again revised; visit the FRPA Provincial Implementation Team (PFIT) website to
determine if a more current version exists at:
http://www.for.gov.bc.ca/hth/timten/FRPA_implementation/index.htm
49
MFLNRO GOVERNMENT ACTIONS REGULATION (GAR) ORDERS
FILING AND POSTING CHECKLIST
NOTE: Notice of an order must be given before it has legal effect. As per GAR s. 4(2) notice is sufficiently
given when Steps 2, 6 and 9 are completed.
ISSUING OFFICE TASKS
1
2
3
4
5
Pertinent Web site /
File location
REGIONAL TASKS
Make copy available for viewing
6
at the Regional Office
File paper copy of order and map
in ORCS and/or File digital copy
7
of order and map(s) on TRIM if
not done in (4)
Date
Completed
& Initials
NIR:
[email protected]
(250) 997-2267
SIR:
[email protected]
a (250) 828-4181
CR:
[email protected]
(250) 751-7135
AND Strategic Policy and
Planning Branch:
[email protected]
(250) 387-8359
Forward digital signed copy of
order, PDF of map and link to
FTP directory to the appropriate
regional MFLNRO contact and
MFLNRO Strategic Policy and
Planning Branch contact.
Publish order in Gazette
(Date Published
__________________)
Forward notice of order to
MFLNRO IMG contact for
posting on Official Notices Page
(Date Posted______________)
File paper copy of order and
PDF map in ORCS and/or file
digital copy of order and map on
TRIM
Recommend copy of the order be
sent to affected tenure holders,
agencies and other interested
stakeholders and First Nations
Contact person
http://www.publicatio
ns.gov.bc.ca/bcgazett
e.aspx
Information Management
Group:
[email protected]
ORCS/TRIM:
FOR-10285-30
ORCS/TRIM:
FOR-10285-30
BRANCH TASKS
8
Post on Official Notices website.
http://www23.for.gov
.bc.ca/notices/init.do
9
Post order and map(s) and notice of
new order under “What’s New” on
MFLNRO GAR website.
http://www.for.gov.b
c.ca/tasb/legsregs/frp
a/FRPAREGS/govact
/GAR-ORDERS.htm
Information Management
Group:
[email protected]
Strategic Policy and
Planning Branch:
[email protected]
(250) 387-8359
50