Recent amendments to the Forest and Range Practices Act (FRPA) and Forest Planning and Practices Regulation (FPPR) now require specified agreement holders to hold an approved Forest Operations Plan (FOP) to operate within an established FLP area. Agreement holders operating in areas not covered by FLPs must do so under an FSP instead of a FOP.
The following summarizes key FOP requirements found in both FRPA and the FPPR but should not be interpreted as a complete list. For further detail, please refer to relevant FOP provisions in the applicable legislation and regulations.
Recent amendments to the Forest and Range Practices Act (FRPA) and Forest Planning and Practices Regulation (FPPR) have introduced Forest Landscape Planning (FLP) as the new planning framework for forest management in B.C. The FLP framework and its components account for FRPA values and address forest management challenges at the landscape level. This framework will replace the current Forest Stewardship Planning (FSP) regime over time.
Forest Landscape Plans (FLPs) will be prepared by the Province in partnership with First Nations, in collaboration with licencees and local communities, and with input from local stakeholders. The FLP is legally binding and sets clear direction for forest development within the plan area. The Chief Forester may establish a FLP alone or together with shared decision-makers.
Forest Operation Plans are mandatory only for forest landscape areas where there is an established FLP. After a FLP has been established, agreement holders must obtain an approved FOP before applying for cutting or road permits to conduct operations.
Agreement holders with an approved FSP before the establishment of a FLP can continue to operate for periods specified in FRPA. Once the prescribed period elapses, they must submit and hold an approved FOP in order to continue operations. However, cutting or road permits issued under an approved FSP will continue to be subject to the FSP provisions and unaffected by FOP requirements.
The FOP must include the following content:
The proposed FOP must contain a map including the following features:
Before submitting their FOP for approval, holders must engage with First Nations that may be impacted by their plan and provide information that includes:
Proposed holders must make the FOP available in both digital and paper formats for First Nations to review. Copies of any assessment(s) required by planning guidelines must be provided to the First Nations upon request. The proposed FOP holders must also offer to meet with the First Nations to discuss the plan or amendment.
The FOP holder must submit information detailing their engagement with First Nations to the government.
The proposed FOP holder must publish a notice on a publicly accessible website and in either a newspaper or the BC Gazette. The notice informs the public and interested parties of the FOP’s availability for review and comment. The notice will include:
Starting from the date stated in the notice, the review and comment period spans:
During the review and comment period, the FOP or amendment must be made available in digital and in-person formats. Copies of assessments required by planning guidelines must be provided to a member of the public upon request. The proposed FOP holder must also notify individuals whose rights could be affected by the FOP. Affected rights-holders may request an extended review and comment period to a maximum total of 60 days.
The proposed FOP holder must submit information detailing the public review and comment process to the government.
Approval of FOPs may only occur if the plan meets specified criteria outlined in FRPA and the FPPR. A FOP may be inconsistent with an FLP only in certain circumstances and if practicable, must include substitute planning requirements.
Proposed FOP holders may be required to deactivate a road as a condition of FOP approval. This condition may occur only under circumstances specified in the FPPR.
The FOP holder may be exempted from FPPR practice requirements. This may only occur if the holder has specified planning guidelines or additional measures that address the same subject matter as the FPPR requirements equally or more effectively.
Extensions of the FOP can occur in certain circumstances outlined in the FPPR. Extensions may be granted before or after the FOP’s expiry.
Extensions of two years or less may be granted on one or more instances if more time is required to conclude consultation with First Nations on the new FOP. This extension, if granted, must not extend beyond two years following the plan’s original date of expiry.
Extensions of a year or less may be granted on one or more instances for FOP holders in possession of a non-replaceable timber license. Such an extension may be granted if all the conditions listed under FPPR s. 4.42 are met. This extension shall not extend past one year following the plan’s original date of expiry.
All amendments that result in a material change to the FOP require the government’s approval unless the regulations provide otherwise. The engagement process for this amendment procedure follows the same course as that of a FOP. After an amendment becomes effective, FOP holders are required to update the plans accordingly to reflect the changes.
In specific situations (under FRPA s. 2.45 and FPPR ss. 4.47 and 4.48), a proposed FOP holder has a mandatory requirement to submit an amendment that requires the government’s approval.
Mandatory amendments follow the same engagement processes as other amendments that require engagement and approval with applicable First Nations and are subject to a public review and comment period of 60 days.
A proposed holder will be exempt from mandatory amendments if:
In specific situations (under FPPR s. 4.43) where a change to a FOP is considered non-material, an amendment can be made that will not require the government's approval. However, the FOP holder must make reasonable efforts to engage with impacted First Nations regarding the amendment. The holder must also make the amendment available for public review and comment period of 30 days.
The amendment will take effect 30 days following the FOP holder’s submission of required documents, which are listed under FPPR s. 4.44. Within the 30 day period, the government can make the amendment subject to approval if there are risks to public health and safety, the environment, or a cultural heritage resource.
Changes to basic administrative information on a FOP require neither the government’s approval nor engagement.
Changes to basic information include:
The Annual Forest Development Schedule (AFDS) is a tool for FOP holders to publicly communicate pending operations. The schedule outlines proposed timber harvest or road construction over the upcoming year for the approved FOP term.
The FOP holder must publish the notice on a publicly accessible website and in either a newspaper or the BC Gazette. The holder must also provide specific notice to individuals whose rights may be impacted by the schedule’s activities.
The annual forest development schedule must be available throughout the calendar year to which it applies. The schedule must be available for review both on a public website and in paper form at the holder’s place of business.
The FOP holder is required to prepare a site level plan that includes:
The plan holder must publish notice on a publicly accessible website and make the plan available to the public upon request. A site level plan may not be required for certain cutblocks or roads in circumstances prescribed in the FPPR.
FRPA
FPPR
FPPR Section 44 (2) is repealed and replaced
FRPA
FPPR
FRPA
FPPR