The state of gar from moe s experience
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The State of GAR From MOE’s Experience. PFIT “Learnings” Workshop October 16, 2007. Importance of GAR to FRPA. FRPA envisions stewardship based on finding the right balance between: A tenure-holder’s economic interests, Sustainability of the province’s timber supply, and

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The State of GAR From MOE’s Experience

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The State of GARFrom MOE’s Experience

PFIT “Learnings” WorkshopOctober 16, 2007

Importance of GAR to FRPA

  • FRPA envisions stewardship based on finding the right balance between:

    • A tenure-holder’s economic interests,

    • Sustainability of the province’s timber supply, and

    • The protection of the public’s non-timber values.

  • Actions under GAR are critical to the success of FRPA.

GAR Basics: Quick Review

  • FRPA statute, s. 149 through s. 154: Reg.-making authorities related to Government’s objectives for resource values.

  • GAR s. 5 – 15: Government’s resource values that may be established, designated or identified by Minister’s Orders

  • GAR 2 – 4: Process requirements (limitations, consultation, notification)

Some GAR Actions To Date

Number of MOE Orders Made to Date


Species at risk 87 species

Regionally important wildlife Under Development

Ungulate species 8 species


Lakeshore management zones

Scenic areas

Community watersheds 462

Wildlife habitat areas Just over 1,000

Ungulate winter ranges > 40

Fisheries sensitive watersheds 31


General wildlife measures Many

Wildlife habitat features 25 Proposed (In Final Consultation)

Resource features

Temperature sensitive streams 0

MOE’s Experience to Date

  • Development Stage

  • Consultation

  • Consideration of Limitations (GAR s. 2)

  • Approval Process

  • Notification Process

  • Implementation & Practices

  • Effectiveness of GAR

Development Stage

  • MOE procedures for Regions to develop GAR actions (e.g., UWR, WHAs)

  • Do the science first – Then build on the science.

  • Blend science with policy, and understanding of impacts on agreement-holders – based on information they provide.

  • MOE goes to affected tenure holders: Here’s what we are planning.

  • Procedures are different for each type of GAR action. (See MOE’s FRPA Website).

Review & Commentand Consultation

  • Must provide opportunity for review and comment:

    • Species Category: Organizations representative of affected agreement-holders, and

    • Other GAR Orders: Affected holders

  • Must consult with:

    • Agreement-holders for whom the Order may have a material adverse effect.

  • Species categories (Minister-level decision) – MOE is also likely to engage with other parties, e.g., ENGOs, other sectoral stakeholders, 1st Nations.

  • “Affected parties”: MOE Regional staff always conducts 1st Nations consultation – 1st Nations whose territory overlaps agreement-holder’s tenure.

Consideration of Limitations

  • GAR s. 5 – 15: Minister (or DDM) must be satisfied with all criteria in these sections before making an Order.

    • Includes requirement for “special management not otherwise provided…”

  • Also, GAR s. 2 contains “Limitations on Actions” i.e., additional criteria and process for government:

    • Consistent with established objectives

    • Not unduly reduce provincial timber supply

    • Benefits of Order outweigh:

      • Material adverse impact on delivered wood costs

      • Undue constraint on ability to exercise holder’s rights

  • The above tend to be called “GAR tests”.

Approval Process

  • Series of checks and balances before MOE Minister or DDM approves the Order.

  • MOE seeks to ensure:

    • That MOFR is aware of Order. MOFR usually have been involved in the process; have provided some level of support and approval.

    • That affected agreement-holders agree in principle with MOE.

    • That 1st Nations have had opportunity to consider the proposed Order in light of their treaty negotiations

  • Aboriginal Right to Title – Is maintained within the area of the Orders (e.g., WHA, UWR).

    • Establishment under GAR does not remove Right to Title.

Notification Process

  • Straightforward process in regulation.

  • MOE follows all the procedures specified in the GAR.

    • Notice must be given for all Orders made under GAR sections 5 to 15.

    • GAR s. 4 states process requirements for notices:

      • Posting on ministry websites,

      • Published in Gazette, and

      • Publicly available at appropriate MOFR Regional Office.

  • Also, the legal designation is noted in the LRDW.

  • Publicly available at MOFR district and regional offices.

Implementation & Practices

  • Once the GAR has been signed off, implementation is immediate – for practices-related GAR Orders.

  • For example:

    • FPPR s. 69: “must comply with each GWM”

    • FPPR s. 70 (2): “not damage or render ineffective a wildlife habitat feature”

Effectiveness of GAR

  • Is GAR effective as a regulation?

  • Are Orders, e.g., WHAs, UWRs and GWMs effective once in place?

Learnings: Issues

  • Process: Time-consuming & demanding on MOE staff and resources.

  • GAR 2 tests: Must rely on information from industry partners.

  • Monitoring & Adaptive Management:Cannot begin until MOE staff have completed GAR actions (government’s objectives up front), upon which FRPA depends.

  • Integrating GAR Orders & Actions among other government initiatives:

    • OGMAs, VQOs

    • Land Act Objectives

  • Industry-led Process:Need timely process & information coming back to government from industry partners.

Learnings: Successes

  • Look at the numbers on the table.

  • 70% completion on UWRs in BC.

  • 30-40% completion on WHAs in BC.

  • Government integrating EBM with FRPA objectives.

  • Older LRMPs transferred into FRPA legal objectives.

What is Still Needed?

  • A fast-track process for completing remaining GAR Orders.

  • Partnership with BCTS and industry to move into results-based monitoring and adaptive management strategy.

  • Linking-in external pressures – e.g., MPB and climate change:

    Linking these to considerations and monitoring of effectiveness of GAR actions.

  • Future Forest Ecosystems initiative – integrate into GAR actions.

  • GAR Orders, actions and process – Would like to have these apply across the Crown land base for all resource sectors.

    • Parity among resource sectors on the Crown land base.


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