Forests

Crown Forest Sustainability Act

Ownership & Jurisdiction: The Province

• Owner: s 109 (implicit) and NRTAs (prairies) - Smylie
• Regulator: s 92(5) public lands and timber and wood
• s 92(5)
• 92(13)

Ownership & Jurisdiction: Federal

• Federal lands
• Reserve lands (FNLMA)
• Trade and commerce (exports; interprovincial trade?)
• Navigation (Early Recovered Resources v BC re log salvage)
• Environmental (species, fisheries, IAA, CEPA, Pest Control, Fertilizers)
• General Powers: Criminal/POOG

Ownership & Jurisdiction: Indigenous

• s 35 & Indigenous law (Marshall/Bernard but Sappier/Grey)
• Treaty & Aboriginal Rights (Marshall/Bernard but Sappier/Grey)
• Aboriginal Title (Sappier/Grey)
• Reserve Land (Indian Timber Regulations; FNLMA)
• Consultation/Integration vs Jurisdiction

Forest Management & Forest Tenure

Evolution

• Utilization and management of timber for wealth
• Forest management for local processing and "sustained yield"
• Sustainable Forest Management

Crown Forest Sustainability Act

CFSA 1994

• Attempt to balance timber values and employment with ecology, recreation for "long-term sustainability"
• s 1 purpose: to provide for the sustainability of Crown forests and, in accordance with that objective, to manage Crown forests to meet social, economic and environmental needs of present and future generations

Algonquin Wildlands League v Ontario1998

• Div Court, affirmed in part OCA: "radically different approach"
• Accomodate a variety of interests
• Publicly accountable process

CFSA 1994

• Shift from Crown management to industry management
• s 7 "forest management units"
• s 8 "forest management plans"
• O.Reg 160/04 monitoring and Part VII enforcement

Forest Tenures

• Grant private forest rights but Crown ownership is maintained
• Rights in exchange for levies (fees, royalties, stumpage, rents)
• May include management responsibilities
• Defines the rights and obligations of 3rd parties to harvest/grow trees on public lands

Ontario Forest Tenures

• Sustainable Forest Licence (SFL) - single entity or shareholder
• Algonquin Forest Authority
• Crown-managed (Temagami)

Tenure Modernization Act, 2011

• Response to collapse of forestry industry in 2000s
• Mill closures, declining employment
• Calls for community-based forestry, Indigenous-led forestry
• Industry influence in consultations
• Result?

Untitled Slide

• Local Forest Management Corporation: government agency managing Crown forests in accordance with SFL
• Board of Directors from local and Indigenous communities
• Nawiinginokiima FMC (2012)

Enhanced SFLs

• Private companies owned by group of mills, harvesters, local and Indigenous communities who manage forest per SFL
• Emphasis on Indigenous and local community involvement
• Onaadiziwin Forest Mangement Inc.

Limits of Tenure Reform

• Centralized control is maintained by the Crown
• Appointment power
• Allocation, licensing and planning authority
• Limited financial resources
• Ongoing influence of industry in decision making

Planned Harvest/Annual Allowable Cut (ACC)

Forest Management

• s 68(1): 4 required manuals
• Forest Management Planning Manual
• Forest Information Manual
• Forest Operations and Silvicultural Manual
• Scaling Manual

Forest Management Planning Process

• Environmental Assessment: Class EA
• Declaration Order MNR-75 (Area of the Undertaking)
• Now revoked in 2020
• Conditions no longer enforceable

Instruments

• Forest Management Plans
• Work Schedules
• Licences

Forest Management Plans

• Must comply with the Manual
• s 8(2)(a) Objective and strategies
• s 8(2) (b) Have regard to plants, animals, water, soil, air, and social and economic values, including heritage and recreation
• Ministerial approval if provides for sustainability (s 9) and complies with the Manual (s 68(2))
• For 10 years with 5 year review

FMP Process: 36 Months

• Stage 1: Invitation to participate
• Stage 2: Review of Long Term Management Direction
• Stage 3: Review of Proposed Operations
• Stage 4: Review of Draft FMP
• Stage 5: Inspection of MNRF Approved Plan

FMP Process

• Prepared every 10 years by professional forester
• Planning team appointed by MNRF district manager
• LCC and Indigenous representatives
• Detailed content requirements in manual

Public Participation

• LCC involved in FMP preparation
• Issues resolution at Stages 1-4
• Individual EA request at Stage 5 within 30 days

Indigenous Consultation

• Planning Team
• LCC
• Customized Consultation Approach?
• Background Information Report
• Values Information

Concerns or Objections?
Stages 1-4: Issues Resolution
Stage 5: Request for IEA

Work Schedule

• Require Ministerial approval
• Contents:
• depletion schedule
• wood utilization schedule
• renewal schedule
• road schedule

Licences

• Written authorizations from Ministry for Individual companies to harvest forest resources
• Must comply wth FMPs and WSs

Monitoring & Enforcement

• Oversight role for MNRF and MOE weakened over time
• Class EA conditions now revoked
• Shift to self-regulation by industry
• AG and ECO have noted failures in both monitoring and enforcement
• Particular issues with wildlife monitoring