Enforcing a results based Forest Practices Code

February 6, 2002

Enforcing a Changed Forest Practices Code

The leaked Ministry of Forests "Transformations" document covers a lot of ground but none of that turf is more controversial than shifting to a "results based" forests practice code. Ten policy teams involving more than 100 staff from the ministries of forests; water, land and air protection; and sustainable resource management are rushing to have the new Code ready for implementation by April 2003. Will the environment be the loser as enforcement resources are cut and refocused on revenue?

The idea of focusing on results rather than on process has a lot of appeal but it presumes that adequate resources will be available to monitor results. The Ministry of Forests calls the workers who monitor results "compliance and enforcement" (C&E) staff. The question and answer song sheet that makes up most of the forest ministry document says:

"Does strengthening the compliance and enforcement regime mean an increase in compliance and enforcement staff?

The total number of FTEs allocated to compliance and enforcement will not increase; indeed, there will even be a slight decrease over the next two fiscal years. However, there will be significant organizational changes to the compliance and enforcement program, which should largely offset this decrease."

The "Transformations" document contains 20 sections. Reading the compliance and enforcement section should cause one to question whether "organization changes" can offset the cuts in enforcement staff.

"Does that mean there will be no staff reductions in C&E?

In 2003/04, as a result of the restructuring of the C&E organization, the number of FTEs allocated to C&E will decline slightly (from 335 FTEs to 300 FTEs). In 2002/03, the biggest adjustment will be the loss of funding and FTE support from the SBFEP. This support will no longer be available to fulfil any C&E functions."

How much support will be lost from the SBFEP (small business program) is not revealed in either the "Transformations" document or in the ministry's service plan. The transition document does speak to the point of focusing enforcement resources when it says "Two of our areas of greatest risk are revenue protection and combating "forest crimes," and more resources will be allocated to these areas." Of course, a careful reader might immediately associate the Forest Practices Code with environmental protection and ask what about the environment? The ministry anticipated that question as follows:

"Industry has not had a sterling environmental record in the past, how can you give them MORE responsibility?

While it is true that industry performance is one of the reasons that the Code was implemented, it is also true that licensee performance has greatly improved under the Code, as evidenced by Forest Practices Board audits. As well, British Columbia licensees are leading the rest of the country in acquiring independent 3rd party forest management certification. Furthermore, the Code will be backed up by a strengthened compliance and enforcement regime."

The Ministry of Forests appears to be running in circles. "The Code will be backed up by a strengthened compliance and enforcement regime" but that regime will be cut. It will make up for the cuts by risk management focusing on revenue collection and forest crime. That is bound to comfort those who are concerned about animal habitat, fish streams and industry induced landslides.

(Click here for the full leaked "Transformation" document.)