Foresty Ministry Transformation

February 6, 2002

The following is from a leaked Ministry of Forestry document. It is the government songsheet for explaining its gutting of the Ministry of Forests.

First Nations

Key Messages:

The Ministry of Forests will continue to fulfil its obligations to consult with First Nations. Consultation functions will remain at current levels in the ministry.
The Ministry of Forests will support the Treaty Negotiations Office on forestry related interim measures, but will no longer be the lead party to forest related negotiations.
The ministry supports the government's New Era commitments to expedite Interim Measures to First Nations and we are introducing policy and legislative changes to provide greater flexibility in this area.
Information sessions will be held for First Nations on the forest policy changes.

Questions and Answers:

1. If consultation functions are to remain at the same level does that mean there will be no reductions in the number of aboriginal liaison officers or other staff dedicated to aboriginal issues?

Consultation will remain the responsibility of the Crown.
Since the Ministry's consultation obligations will continue, the ministry will have to manage budget and staff reductions to ensure that government's obligations are met.
This may mean maintaining current responsibilities and staffing in certain areas but reassigning responsibilities to remaining staff will need to occur.
The ministry is also examining ways to make the consultation process more efficient and is considering different ways to involve First Nations and industry in the process.

2. How can consultation functions remain at the same level, when there is such a significant budgetary cut?

Adequate consultation with First Nations with reduced resources will be a challenge.
As consultation will remain the responsibility of the Crown, the ministry will have to manage this responsibility using its existing resources.
The ministry will also examine ways to make the process more efficient and will consider different ways to involve First Nations and industry in the process.
The ministry will also examine ways to streamline the consultation process resulting from the move to a results-based Forest Practices Code.

3. How will First Nations be consulted on the forest policy changes?

The ministry is planning to meet with the key provincial First Nation organizations in the near future (including First Nations Summit, Union of BC Indian Chiefs, Turning Point Forum). We are currently developing a communications strategy for First Nations.

Need to acknowledge this is not consultation but information sessions
In the spring a discussion paper will solicit input from the public and First Nations on the changes to the Forest Practices Code.

4. Why isn't the government consulting if policy changes have the ability to impact treaty negotiations or aboriginal rights?

The proposed changes being made by the government are attempting to address a number of key issues facing the forest industry including: regulatory burden, Softwood lumber dispute, and competitiveness of the forest sector. None of these changes will directly impact aboriginal rights or the treaty negotiations process.
Once the nature of the changes is understood, MoF will develop new policies to ensure that impacts to aboriginal rights are managed in accordance with the law and the Constitution.

5. Can we assume that tenure will continue to be a part of interim measures? If so, where will the volume come from?

The government is committed to "work to expedite interim measures agreements with First Nations to provide greater certainty during treaty talks."
Government is currently exploring options to access timber volumes to support First Nation economic initiatives that are supported by a sound business plan.
As volume is identified it can be worked into this program, however, we must recognize that timber availability varies throughout the province, and as a result, access to tenure might not be an option for all areas of the province.

6. Why is the Ministry of Forests no longer going to lead interim measures negotiations?

TNO is the corporate leader for aboriginal issues in the province.
TNO will ensure a consistent approach by government for interim measures and treaty negotiations.
TNO understands the issues related to certainty and continuity of operations for the forest industry, but will engage Ministry of Forests staff in these negotiations.

7. If MoF is only going to support TNO-led interim measures negotiations, will there be an associated cut in MOF staff?

While MoF will not lead the process, forestry remains one of the primary topics to be discussed with First Nations. As TNO does not have the expertise in this area, MoF will have to assign staff to ensure that forest sector interests are met.
However, there will be staff and budget reductions in areas supporting interim measures.

8. Will the ministry continue to support the treaty process?

Yes. The ministry will continue to support treaty negotiations, but like other resource agencies, will have to focus reduced resources to support priority files.

9. What impacts will changes to other core business functions have on First Nation relations?

Several of the proposed core business changes will effect the way MoF currently does business with First Nations
For example, moving towards a results-based Forest Practices Code will result in changes to the consultation processes of the Ministry.

10. In addition, the move to a market pricing system and a competitive sales program will reduce the amount of volume available through the Small Business Forest Enterprise Program/Timber Sales Program for First Nation initiatives.

Some of the more obvious general impacts have been identified and work has been initiated to address them. As implementation proceeds we will be in a better position to clarify these impacts.

11. Will there be changes to the aboriginal rights and title policy?

Yes. As the current policy is based on current forest management processes undertaken by the Ministry of Forests, the policy is being reviewed to ensure that changes to the Ministry's operations continue to consider potential impacts on aboriginal interests.

12. Will the ministry continue to support the Forest Technician Training Program?

Capacity building and training programs will no longer form a core business function of the Ministry.
MoF will continue to support TNO in the development of forestry related training programs and economic opportunities through interim measures agreements.

13. Cuts to staff in the field combined with the immediate reduction of opportunities for tenure (due to competitive sales) will likely result in increased civil disobedience. How will we deal with the potential of increased civil disobedience from First Nations?

We expect this to be a challenge. However if incidents occur, government, including MoF, will have to respond, as usual, by refocusing priorities.
Government will not tolerate civil disobedience and will enforce its authority through the legal system.
The ministry will continue to work with First Nations on positive solutions.
The ministry is looking at other economic (timber) opportunities and a transition strategy to assist the ministry in continuing to provide opportunities for timber access by First Nations.