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Budget 2026 Shortchanges Nature Protection and Sustainable Forestry Transition At a Critical Time for British Columbia
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/in Media ReleaseEco-groups regard new forest tenure legislation as ‘land grab’
/in News CoverageThe B.C. government is being accused of giving forest companies new, sweeping powers over the land base through legislation it introduced last week to amend the Forest Act.
“This appears to be essentially a giveaway to big companies,” said Jessica Clogg, a lawyer with West Coast Environmental Law who specializes in forestry issues. She was referring to a tenure rollover plan given first reading last week that would give forest companies the ability to convert their volume-based forest tenures to area-based tenures called tree farm licences.
West Coast Environmental Law is one of numerous environmental groups opposing the legislation, which they see as generally extending corporate rights at a time when more diverse issues, from First Nations to community interests and biodiversity, are also on the public agenda.
“We have seen a lot of consolidation in the industry and this is setting us up for that last grab by those that are left standing to lock down their rights,” she said Thursday. “I see a clash of the titans over the B.C. land base.”
The legislation was introduced through Bill 8, the Miscellaneous Statutes Amendment Act, on Feb. 20. Forests, Lands and Natural Resource Operations Minister Steve Thomson called it a “milestone” that will help the B.C. Interior weather the effects of the mountain pine beetle infestation. The government expects forest companies to make more investments on the land if they have more private property-like rights.
The forest industry is supportive of the changes, which it expects will encourage private investment on the land. But the changes will not erode existing environmental protections or other non-timber values, said Doug Routledge, vice-president of the Council of Forest Industries. He said it makes sense to manage diverse values, as well as timber, on an area-based model.
Most Interior forest lands are managed on a volume-based tenure system through forest licences. Licensees have allowable annual cuts that allocate timber within a provincial supply area. The initiative to create area-based tenures — where the area containing the timber supply allocated to the company is licensed — was driven largely by last year’s explosion and fire at the Burns Lake sawmill, which precipitated a regional economic crisis when the mill owner claimed there was not enough timber in the timber supply area available to the company to justify building a new mill.
Routledge said it makes sense to introduce the legislation now, which is enabling legislation only, as it will enable whoever forms the next government to move forward with it.
However, NDP forests critic Norm Macdonald, referred to the changes as an amendment “that is best left to fall off the table.”
“This is coming just before an election from a government that has clearly lost the public trust,” he said.
The province announced it intended to proceed with establishing area-based tenures when it released its Mid-term Timber Supply Action Plan last October. That plan was based on recommendations from a special committee on the timber supply that toured the province last summer. Area-based tenures were raised during the hearings, said Macdonald, who sat on the committee, but what members heard from the public, he said, was to proceed slowly and with caution.
He said the NDP is not opposed to the creation of more tree-farm licences; the model has been in place on the Coast for decades. It’s the way the government is going about it, by introducing legislation that does not spell out the specifics on how it will proceed, that the party opposes.
“This is legislation specifically to create tree-farm licences held by private industry. What we heard in the committee is that it should be part of the conversation. But we should be extremely careful.”
Routledge said he expects the industry to move cautiously. First, he said, the process is controlled by the government. Tree farm licences will be considered at the minister’s invitation only. He said he does not expect a flood of applications when those invitations are extended.
“This is simply a different form of tenure that grants harvesting rights over a certain volume of timber. It is not a giveaway of timber. The timber has already been allocated in tenure. It is not a giveaway of land because the land remains vested in the Crown and the public interest. It is not different than a forest licence except that it is spacially explicit. The same rights and responsibilities apply.”
Read more: https://www.vancouversun.com/technology/groups+regard+forest+tenure+legislation+land+grab/8032059/story.html#ixzz2MLXOpHrb
Documents show government is already breaking proposed forestry law
/in News CoverageIndependent MLA Bob Simpson says documents show that the BC Liberals have no intention of following their proposed law to enable the conversion of volume-based forest licenses to area-based tenures.
“The Liberal cabinet is writing yet another ugly chapter in the long and sordid history of forestry legislation in this province,” said Simpson. He points to a leaked cabinet document from April 2012 and a letter written by the Minister of Forests to Hampton Affiliates on September 11, 2012, as proof that they will not follow their proposed law.
“It’s clear from the leaked cabinet document and Minister Thomson’s letter that Hampton Affiliates has already been promised the first Tree Farm License under the Liberals’ proposed legislation,” said the MLA for Cariboo North. “The government doesn’t have the right to make this offer because there is no legal way they can fulfill it unless Bill 8 passes. At the same time, Bill 8 would require that the minister start this process with a public advertisement of the criteria that would be used to judge these proposals from all replaceable licensees in a Timber Supply Area [TSA].”
The history of Tree Farm Licenses (TFLs) in BC has been fraught with controversy. In the 1940s, the first two TFLs issued were directly linked to political donations to the Liberal government. In the 1970s, W.A.C. Bennett’s Minister of Forests, “Honest” Bob Sommers, went to jail for receiving kickbacks when he issued a TFL. In 1988, Bill Vander Zalm’s Forest Minister, Dave Parker, tried to enact legislation similar to Bill 8 and delayed consultation until after the law was passed. Both Parker and his deputy minister lost their jobs when the public rejected the creation of additional TFLs during the consultation process, and the legislation was repealed.
“There are four replaceable licensees in the Lakes TSA where Hampton has been promised preferential treatment,” said Simpson. “The three other licensees — Canfor, West Fraser and L&M Lumber, all BC-based companies — all need timber from the Lakes TSA to keep their Highway 16 mills operating.”
“It puzzles me why the Liberals have decided that Hampton should be the winner in the fight for timber,” said Simpson. “They are a U.S.-based firm and a member of the Coalition for Fair Lumber Imports. They received money from the $1 billion that was stolen from Canadian companies in the 2006 softwood lumber settlement, and they could still face charges under the Workers Compensation Act for their role in the events leading up to the explosion at the Burns Lake sawmill.”
Both the leaked cabinet document and the Minister’s letter to Hampton state that other license holders in the Lakes TSA would have to have their licenses transferred to adjacent TSAs.
“The admission that the other companies in the Lakes TSA would need to move their licenses is clear proof that there isn’t enough timber in the Highway 16 corridor to sustain all the mills that are currently operating there,” said Simpson. “By turning forest policy on its head to favour Hampton, the government is putting other jobs and Highway 16 communities at risk.”
Simpson has been calling on the government to work with the community of Burns Lake to find alternative economic models instead of rebuilding a traditional lumber mill that will employ less than 40 per cent of the original workforce.
“Breaking the law by promising Hampton Affiliates a TFL without due process will absolutely guarantee the public rejects this form of tenure once again,” said Simpson. “The government should not bring Bill 8 up for debate. They need to work with the community of Burns Lake on more creative and forward-looking solutions and inform Hampton that it will not be getting a TFL.”
https://www.bobsimpsonmla.ca/documents-show-government-is-already-breaking-proposed-forestry-law/