District of Fort St. James Will Hold Regular Council Meeting No. 2012-15 at 7:00 P.M

NOTICE OF REGULAR MEETING

District of Fort St. James will hold Regular Council Meeting No. 2012-15 at 7:00 p.m. on Wednesday, September 5, 2012 at the Municipal Office, 477 Stuart Drive West, Fort St. James, B.C.

AGENDA

No. Item Name

Page

1. DELEGATIONS AND PRESENTATIONS 1.1 Oath of Office - Randy Hand, Public Works Superintendent 4 1.2 Kevin Horsnell - Conifex Playhouse 5-7

2. MINUTES 2.1 Adoption of the Agenda That Council adopt the agenda for Meeting No. 2012-15 2.2 Minutes of the Regular meeting 8-14 That Council adopt the minutes of Meeting No. 2012- 14, held August 15, 2012. 2.3 Minutes of the Public Hearing 15-16 That Council adopt the minutes of the Public Hearing, Special Meeting No. 2012-14.1, held August 15, 2012.

3. BUSINESS ARISING FROM THE MINUTES

4. REPORTS 4.1 Reports to Receive 17-102 That Council receive the following reports: ● Special Committee on Timber Supply Report to Legislature ● Drinking water report ● Building Statistics Report ● Finance Report ● Administrative Report

Page 1 of 286 Regular Agenda Item Name

Page

4. REPORTS

● Recreation Program Annual Report ● Meeting notes, Aug 24 meeting with MP Nathan Cullen 4.2 College of New Caledonia Strategy Meeting Notes 103-104 4.3 Stuart Lake Golf Club Loan Repayment 105-106 4.4 Amendments to the Federal Fisheries Act 107-129 4.5 Douglas Avenue Water Main Bridge Crossing and Fire Hall 130-186 Drainage Improvements – Tender Recommendation 4.6 Leased District property & Permissive Tax Exemptions - 187-188 Director of Finance [Addenda] 5. CORRESPONDENCE 5.1 Municipal Insurance Association - Voting Delegate 189 That Council appoint Mayor Rob MacDougall as the voting delegate for MIABC, with Councillor Russ Gingrich and Councillor Dave Birdi as alternates. 5.2 Regional District of Bulkley Nechako - Land Use Contracts 190-201 5.3 Spirit Square Complaint 202-203 5.4 Stuart Lake Hospital Auxiliary - Dart Turkey Shoot 204 5.5 Community Arts Council - Grant In Aid 205-207 5.6 Minister of Forests Lands and Natural Resource 208 Operations Community Forest Expansion 5.7 Paul Rust Architect Inc. - Zoning Amendment 209-210 Consideration 5.8 Fort St. James Community Foundation 211-212 NDIT Resolution Request 5.9 Northern BC Tourism Association 213-215 Annual Conference and AGM 5.10 Impacts of industry on social health research; Dr. Janis 216-218 Shandro, Kandace Kerr Letter of Support for CIHR application 5.11 Fort St. James Humane Society 219-224 Emergency Grant in Aid Application

6. BYLAWS

Page 2 of 286 Regular Agenda Item Name

Page

6. BYLAWS 6.1 Traffic and Parking Bylaw Amendment, Bylaw No. 912, 225-241 2012

That Council give “Traffic and Parking Bylaw Amendment, Bylaw No. 912, 2012” first three readings.

7. NEW BUSINESS 7.1 Information Items 242-280 That Council receive the Information Items 7.2 Calendar of Events 281-286 That Council receive the Calendar of Events. 7.3 In Camera Motion That, pursuant to section 90.2 b) of the Community Charter, Council hold a meeting closed to the public immediately following the close of the regular meeting.

ADJOURNMENT Adjournment That Council adjourn the regular meeting at xxx p.m.

Page 3 of 286 ... Agenda Item # 1.1

District of Fort St. James 477 Stuart Drive West, P.O. Box 640 Fort St. James, B.C. V0J 1P0 Phone 250 996-8233 Fax 250 996-2248 Email [email protected]

OFFICE OF ADMINISTRATION

OATH OF OFFICE

I, Randy Hand, do solemnly affirm that:

1. I will truly, faithfully, and impartially, to the best of my knowledge, skills and

ability, execute the office of Public Works Superintendent to which I have been

appointed for the District of Fort St. James.

2. I have not received and will not receive any payment or reward, or any promise of

payment or reward, for the exercise of any partiality or other improper execution

of my office.

Affirmed by me, at Fort St. James, BC on September 5, 2012.

Randy Hand

Mayor Rob MacDougall

Oath of Office - Randy Hand, Page 4 of 286 Public Works Superintendent ... Agenda Item # 1.2

Kevin Horsnell - Conifex Page 5 of 286 Playhouse ... Agenda Item # 1.2

Kevin Horsnell - Conifex Page 6 of 286 Playhouse ... Agenda Item # 1.2

Kevin Horsnell - Conifex Page 7 of 286 Playhouse ... Agenda Item # 2.2

District of Fort St. James Minutes of Regular Council Meeting No. 2012-14 Wednesday, August 15, 2012

District Office, 477 Stuart Drive West, Fort St. James, BC

In Attendance: Council Mayor Rob MacDougall Councillor Joan Burdeniuk Councillor Russ Gingrich Councillor Riley Willick

Staff Kevin Crook, Chief Administrative Officer Jeffrey Lovell, Director of Finance

Others Kandace Kerr Caledonia Courier

Call To Order

Mayor MacDougall called the meeting to order at 7:40 p.m.

1.0 DELEGATIONS AND PRESENTATIONS

1.1 Kandace Kerr - Health Research Project: Data Sharing Agreement

Ms. Kerr requested that Council sign off on a data sharing agreement for the "Meeting the Health Needs of the Stuart Lake/Nak'albun Area: Community Health, Social Services and Reported Impacts from Local Mining Developments Research Project." The baseline study has been completed. The study looks at challenges to health and social services when mining industry comes to town. The data collected can be used as Council sees fit.

Moved by Councillor Gingrich and seconded by Councillor Burdeniuk:

2012-14-1 That Council authorize the Mayor to execute the Data Sharing Agreement concerning the "Meeting the Health Needs of the Stuart Lake/Nak'albun Area: Community Health, Social Services and Reported Impacts from Local Mining Developments Research Project."

Carried unanimously

2.0 MINUTES

2.1 Adoption of the Agenda

Moved by Councillor Willick and seconded by Councillor Burdeniuk:

Page 1 of 7

Minutes of the Regular meeting Page 8 of 286 ... Agenda Item # 2.2

2012-14-2 That Council adopt the agenda for Meeting No. 2012-14, with item number 4.2 to be removed from the open agenda and discussed in camera.

Carried unanimously

2.2 Minutes of the Regular meeting

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-3 That Council adopt the minutes of Meeting No. 2012-13, held July 18, 2012.

Carried unanimously

2.3 Minutes of the Special Meeting

Moved by Councillor Willick and seconded by Councillor Burdeniuk:

2012-14-4 That Council adopt the minutes of Special Meeting No. 2012-13.1, held July 31, 2012.

Carried unanimously

3.0 BUSINESS ARISING FROM THE MINUTES

3.1 ICBC Transportation Recommendations

Staff are following up with ICBC on the recommendations.

3.2 Road Rescue Agreement

Staff have made a proposal to the Regional District of Bulkley Nechako for a road rescue service agreement. The Regional District staff agree in principle with the proposal and negotiations are under way.

4.0 REPORTS

4.1 Reports to Receive

Moved by Councillor Willick and seconded by Councillor Gingrich:

2012-14-5 That Council receive the following reports:  Accounts Payable Report  Staff Time Report  Drinking Water Report  Public Works Safety Meeting Minutes  Mt. Milligan Community Sustainability Committee minutes  Action Tracking Reports

Page 2 of 7

Minutes of the Regular meeting Page 9 of 286 ... Agenda Item # 2.2

Carried unanimously

4.2 Physician Housing Subsidy Scenarios

Removed from open meeting agenda.

4.3 Arena Rates Policy Amendment

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-6 That Council adopt Schedule "A" of Policy No. 3.1 - "Arena User Rates", as amended.

Carried unanimously

4.4 Summer Employee Hiring Policy Amendment

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-7 That Council adopt Policy No. 4.11, “Hiring Summer Employees”, as amended.

Carried unanimously

4.5 Vehicle Use Policy

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-8 That Council repeal policy No. 6.6, "Village Vehicles", and That Council adopt Policy No. 3.10, "Vehicle Use".

Carried unanimously

5.0 CORRESPONDENCE

5.1 Premier Clark - Invitation to UBCM Meetings

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-9 That Council receive the correspondence inviting meetings with ministers at UBCM.

Staff have already booked the meetings requested by Council.

Carried unanimously

Page 3 of 7

Minutes of the Regular meeting Page 10 of 286 ... Agenda Item # 2.2

5.2 BC Hydro - Meeting Invitation for UBCM

Direction That Mayor MacDougall will ask industry leaders if there are issues with BC Hydro that Council may address at UBCM.

5.3 Chamber of Commerce - Request to Use Airport for Snowmobile Race

Direction That Council meet with the Chamber of Commerce Board of Directors to discuss the request.

5.4 Conifex - Playhouse Donation

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-10 That Council accept the offer of the playhouse from Conifex.

Carried unanimously

Direction That staff make arrangements with Conifex to find a location for the playhouse.

5.5 Cops For Cancer - Request for Donation

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-11 That Council donate an item valued at $100 to the Cops For Cancer fundraiser.

Carried unanimously

5.6 United Way - Proclamation Request: "United Way Month"

Moved by Councillor Gingrich and seconded by Councillor Burdeniuk:

2012-14-12 That Council proclaim the month of September 2012 as "United Way Month" in Fort St. James.

Carried unanimously

5.7 Regional District of Bulkley Nechako - Invitation to Host 2013 Business Forum

Direction That staff consider whether Fort St. James may apply to host the 2013 Business Forum.

5.8 Lynn Stainton - Dangerous Tree

Direction That the Public Works Superintendent keep an eye on the tree in question, and

Page 4 of 7

Minutes of the Regular meeting Page 11 of 286 ... Agenda Item # 2.2

ask BC Hydro to assess it.

5.9 College of New Caledonia Professional Cooks - Grant In Aid Request - Vancouver Education Field Trip

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-13 That Council contribute a grant in aid in the amount of $733 to the College of New Caledonia to support the Professional Cooks students education field trip.

Carried unanimously

6.0 BYLAWS

6.1 OCP Amendment Bylaw and Zoning Bylaw Amendment

Moved by Councillor Willick and seconded by Councillor Burdeniuk:

2014-14-15 That Council give third reading to "Zoning Bylaw Amendment No. 25, Bylaw No. 915, 2012."

Defeated

Moved by Councillor Willick and seconded by Councillor Burdeniuk:

2012-14-14 That Council give third reading to "Official Community Plan Amendment No. 9, Bylaw No. 914, 2012."

Defeated

6.2 Revitalization Tax Exemption Bylaw

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-16 That Council give first three readings to “Revitalization Tax Exemption Bylaw No. 916, 2012”.

Carried unanimously

7.0 NEW BUSINESS

7.1 Information Items

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-17 That Council receive the Information Items

Page 5 of 7

Minutes of the Regular meeting Page 12 of 286 ... Agenda Item # 2.2

Carried unanimously

Direction That staff research the possible consequences of amendments to the Fisheries Act contained in Bill C-38.

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-18 That Council authorize the Chief Administrative Officer to attend the MATI School for Statutory Approving Officers, October 28 to November 2, 2012.

Carried unanimously

7.2 Calendar of Events

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-19 That Council receive the Calendar of Events.

Carried unanimously

7.3 Verbal Reports

Council members reported on their activities over the past month. Mentions were made of the Youth Council meeting, Library strategic planning, medical clinic strategy, Ministry of Forests and Ministry of Transportation, Transportation committee, meeting with MLA Rustad.

On behalf of the Volunteer Fire Fighters, Jeffrey Lovell thanked Council for the grant in aid and reported that the team won two awards at the PGX Firefighter Games.

Meetings will be arranged with Minister of Jobs & Tourism Pat Bell, and with MP Nathan Cullen.

Moved by Councillor Gingrich and seconded by Councillor Willick:

2012-14-20 That Council receive the verbal reports.

Carried unanimously

7.4 In Camera Motion

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-21 That, pursuant to section 90.2(b) of the Community Charter, Council hold a meeting closed to the public immediately following the close of the regular meeting.

Carried unanimously

Page 6 of 7

Minutes of the Regular meeting Page 13 of 286 ... Agenda Item # 2.2

8.0 ADJOURNMENT

Moved by Councillor Burdeniuk and seconded by Councillor Willick:

2012-14-22 That Council adjourn the in camera meeting at 9:52 p.m.

Carried unanimously

Rob MacDougall, Mayor Kevin Crook, Chief Administrative Officer

I certify the foregoing to be the original true copy of the minutes of Regular Meeting No. 2012-14 held on Wednesday, August 15, 2012.

______Kevin Crook, Chief Administrative Officer

Page 7 of 7

Minutes of the Regular meeting Page 14 of 286 ... Agenda Item # 2.3

District of Fort St. James Minutes of Special Meeting - Public Hearing Wednesday, August 15, 2012

District Office, 477 Stuart Drive West, Fort St. James, BC

In Attendance:

Council Mayor Rob MacDougall Councillor Joan Burdeniuk Councillor Russ Gingrich Councillor Riley Willick

Staff Kevin Crook, Chief Administrative Officer Jeffrey Lovell, Director of Finance

Others 13 members of the public Caledonia Courier

Call To Order

Mayor MacDougall called the meeting to order at 7:00 p.m.

PUBLIC HEARING

Opening Statement

Mayor MacDougall read the opening statement.

The Purpose of the Public Hearing is to provide an opportunity for all persons who believe their interest in property will be affected by the proposed Official Community Plan Amendment No. 9, Bylaw No. 914, 2012 and Zoning Bylaw Amendment No. 25, Bylaw No. 915, 2012.

Representations from the Public

Three letters were read from interested property owners:  Brad and Nadine Hoy (242 2nd Ave. W.) stated concerns about safety issues, property devaluation, and traffic.  Neil and Judith Hoy (242 2nd Ave. W.) stated concerns about suitability of the building and location for the proposed use.  Dave Hutton (Archeagle Properties Ltd., 161 Stuart Dr. W.) stated concerns about proximity of the location to the liquor store

Kelley Inden, Chair of Fireweed Collective Society (349 Stuart Dr. W.) spoke about Fireweed's 10 years at the current location which is now too small for their needs and how the proposed location is the property that has the best potential to meet their needs

Page 1 of 2

Minutes of the Public Hearing Page 15 of 286 ... Agenda Item # 2.3

that has come on the market to date. The location is visible, close to RCMP and would allow the society to expand their services. The society has policies to deal with any safety issues. The facility proposed would be a home-like environment. The society will keep open communication with the neighbours.

Elizabeth Hoy (1636 Kring Rd.) stated concern about "spillover" into the street, for example if a spouse tried to gain access to the housed families.

Jake Fry (141 Bay Lane) asked about notice requirements; the District's bylaw requires owners within 100 metres of a subject property be notified.

Holly Keyowski (254 2nd Ave. W.) spoke as a tenant in support of owners opposing the zoning.

Brandi Hanterman, Executive Director of Fireweed Collective Society (349 Stuart Dr. W.) addressed the reasons for wanting to relocate Fireweed's services. She said they are good neighbours and no spouse has ever made trouble. Alcohol and drugs are not permitted on the premises, and there is 24-hour staffing and security. Both the existing and proposed facility will house up to 8 people including children.

Chief Administrative Officer explained that because the P4 zone was only recently created, there are no existing parcels in Fort St. James with the desired zoning, other than the parcel recently rezoned for Nechako Valley Community Services Society.

Closing Statement

Mayor MacDougall read the closing statement.

ADJOURNMENT

The meeting was adjourned at 7:40 p.m.

Rob MacDougall, Mayor Kevin Crook, Chief Administrative Officer

I certify the foregoing to be the original true copy of the Minutes of Public Hearing - Special Meeting No. 2012-14.1 held on Wednesday, August 15, 2012.

______Kevin Crook, Chief Administrative Officer

Page 2 of 2

Minutes of the Public Hearing Page 16 of 286 ... Agenda Item # 4.1

REPORT FOURTH SESSION THIRTY-NINTH PARLIAMENT

Growing Fibre, Growing Value

Special Committee on Timber Supply

AUGUST 2012

Reports to Receive Page 17 of 286 ... Agenda Item # 4.1

August 15, 2012

To the Honourable Legislative Assembly of the Province of British Columbia

Honourable Members:

I have the honour to present herewith Growing Fibre, Growing Value, the report of the Special Committee on Timber Supply.

The report contains the recommendations of this Committee in regards to the issue of mid-term timber supply for British Columbia.

Respectfully submitted on behalf of the Committee,

John Rustad, MLA Chair

Reports to Receive Page 18 of 286 ... Agenda Item # 4.1

Table of Contents

Composition of the Committee ...... i Terms of Reference ...... ii Acknowledgements ...... iii Executive Summary ...... iv Introduction ...... 1 Work of the Committee ...... 3 Summary of What We Heard ...... 8 Context for Forest Management in British Columbia...... 15 1. Preserving the Integrity of British Columbia’s Sustainable Forest Management System .. 17 2. Land Base Issues ...... 19 3. Forest Practices Considerations ...... 21 4. Other AAC-related Issues ...... 25 5. Forest Tenure Issues and Interests ...... 28 6. Burns Lake ...... 30 Summary of Recommendations ...... 34 References ...... 40 Appendix A: Brief Glossary of Forestry Terms ...... 43 Appendix B: List of Participants ...... 49

Reports to Receive Page 19 of 286 ... Agenda Item # 4.1

Composition of the Committee

Members John Rustad, MLA Chair Nechako Lakes Norm Macdonald, MLA Deputy Chair Columbia River-Revelstoke Harry Bains, MLA Surrey-Newton Donna Barnett, MLA Cariboo-Chilcotin Eric Foster, MLA Vernon-Monashee Bill Routley, MLA Cowichan Valley Ben Stewart, MLA Westside-Kelowna

Technical Advisors Larry Pedersen Jim Snetsinger

Clerks to the Committee Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees Susan Sourial, Committee Clerk

Research Staff Josie Schofield, Manager, Committee Research Services Morgan Lay, Lead Researcher Assisted by Gordon Robinson, Matthew Cleeves and Dirk van Duyn

Special Committee on Timber Supply i Report, August 2012

Reports to Receive Page 20 of 286 ... Agenda Item # 4.1

Terms of Reference

On May 16, 2012, the Legislative Assembly agreed that a Special Committee on Timber Supply be appointed to examine, inquire into and make recommendations with respect to mid-term timber supply for British Columbia resulting from the pine beetle epidemic-related loss of timber supply in the central interior, and to conduct consultations on this issue with the public and local governments, including communities and First Nations, by means the Special Committee considers appropriate, with a final report due August 15, 2012. The Special Committee shall specifically consider:  Recommendations that could increase timber supply, including direction on the potential scope of changes to land use objectives, rate of cut and the conversion of volume based to area based tenures; and  Areas requiring change to legislation and/or key implementation tools. The above considerations should occur with due regard for the following:  Fiscal commitment of the province to balance the budget and maintain competitive electricity rates;  Maintaining high environmental standards and protection of critical habitat for species and key environmental values;  Optimal health of communities and as orderly a transition as possible to post beetle cut levels;  Maintaining a competitive forest industry;  The existence of First Nations rights and claims of title; and  The Softwood Lumber Agreement and other trade agreements. The Special Committee so appointed shall have all the powers of a Select Standing Committee and is also empowered:  To appoint of their numbers, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;  To sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;  To adjourn from place to place as may be convenient;  To retain Jim Snetsinger and Larry Pedersen as technical advisors, and any other personnel as required to assist the Committee. The said Special Committee shall report to the House no later than August 15, 2012, and shall deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, or at the next following session, the Chair shall present all reports to the Legislative Assembly

ii Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 21 of 286 ... Agenda Item # 4.1

Acknowledgements

Committee Members could not have fulfilled their terms of reference in the short time allocated by the House without the cooperation and services of numerous people.

Susanna Laaksonen-Craig, Executive Lead, Forest Sector Initiatives, as well as other senior officials from the Ministry of Forests, Lands and Natural Resource Operations, assisted the Committee during the planning stage, presented informative briefings, organized a site visit and provided a wealth of resource materials.

The Committee’s technical advisors, Larry Pedersen and Jim Snetsinger, shared their considerable expertise and knowledge, adding value throughout our inquiry.

As well, the Committee has relied on two branches of the Legislative Assembly. The Parliamentary Committees Office has provided a range of valued services, from arranging our hectic travel schedule to providing sound procedural advice and excellent research services. We extend our sincere appreciation to Kate Ryan-Lloyd, Susan Sourial, Josie Schofield, Morgan Lay, Gordon Robinson, Matthew Cleeves, Dirk van Duyn, Jacqueline Quesnel, Mary Newell and Stephanie Raymond. In addition, Hansard Services has recorded and transcribed all our meetings. Michael Baer, Jean Medland and Monique Goffinet-Miller travelled with the Committee to broadcast and record our proceedings.

Last but certainly not least, the Committee would like to thank all the British Columbians who took the time out of their busy lives to provide their input as participants in the consultations. Their input has been most valuable and made a significant contribution to our work.

Special Committee on Timber Supply iii Report, August 2012

Reports to Receive Page 22 of 286 ... Agenda Item # 4.1

Executive Summary

Forests make up nearly two thirds of the province’s land base and are an important economic, social and environmental resource in the lives of many British Columbians. Over the last 13 years, the outbreak of mountain pine beetle (MPB) has affected an estimated 18.1 million hectares of forest land throughout BC. The all-party Special Committee on Timber Supply was appointed in May 2012, by the Legislative Assembly of British Columbia to make recommendations to address the loss of mid-term timber supply in the central interior. The Committee was assisted by two technical advisors and the Ministry of Forests, Lands and Natural Resource Operations (FLNRO). Using a Discussion Paper, the Committee conducted public hearings from June 18 to July 12, 2012, and accepted written submissions until July 20. In the space of six weeks, it visited 15 communities in the central interior and held three days of hearings in Vancouver. Overall, the Committee received over 650 submissions from First Nations, local governments, industry stakeholders and the public. With regard to forest stewardship, the key messages the Committee heard were to: recognize First Nations as rights-holders; respect non-timber values; recognize ongoing efforts of local communities and regional coalitions; and protect the BC brand. On land-base issues, many submissions urged government to: make better use of the existing forest resource; protect forest reserves; consider relaxing constraints on harvesting in certain circumstances, such as to promote economic recovery in Burns Lake; leave existing timber supply area boundaries alone; and consider investing in infrastructure to improve access to timber. Concerning forest practices, the key messages were to meet basic restocking requirements and to base decisions on an updated forest inventory. On timber tenures, there was support for a shift to more area-based tenures, for efforts to diversify the economies of forest-dependent communities, and for reducing exports of unprocessed logs. Based on the input received, the Committee decided to frame its recommendations within the broad context of future forest management in British Columbia. Its recommendations to increase mid-term timber supply focus on: engaging local communities and First Nations in future plans; finding ways to grow more fibre and maximize its value by utilizing marginally economic stands and/or investing in fertilization; and on increasing the type and form of area-based tenures to support enhanced levels of forest stewardship and private sector forest investment. The Committee also considered carefully the requests that an early decision to be made on the timber supply to help facilitate the rebuilding of the Burns Lake mill destroyed by fire in January 2012. During its deliberations, the Committee learned that there was a strong possibility that the mid-term timber supply could be double the amount that was initially forecast for the Lakes Timber Supply Area. Within this context, we have outlined a series of next steps for government to consider implementing in order to facilitate the economic recovery effort.

iv Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 23 of 286 ... Agenda Item # 4.1

Introduction

Since the mountain pine beetle (MPB) infestation became an epidemic in 1999, an estimated 18.1 million hectares of forest land in British Columbia have been affected. The latest projections indicate that the MPB will have killed between 53 and 70 percent of merchantable pine by 2021.

The infestation has had a severe impact on the central interior of British Columbia where natural forests consist primarily of pine. Mortality levels in the central interior vary between and within timber supply areas (TSAs). The most affected TSAs include 100 Mile House, Bulkley, Kamloops, Mackenzie, Merritt, Morice, Prince George, Robson Valley and Williams Lake, with the highest pine mortality rates (above 45 percent) in the Lakes and Quesnel TSAs and the Vanderhoof forest district.

In response to the epidemic, harvest levels have been elevated since 2001 to capture salvage opportunities, with due regard paid to meeting existing environmental objectives for the areas involved. The Province has also committed $884 million to initiatives related to curbing the effects of the mountain pine beetle — including $129 million for spread control and fertilization, and $71 million for energy development and infrastructure in beetle-affected communities.

As well, provincial, federal and local governments have funded initiatives to assist forestry-dependent communities diversify their economies. For example, since 2005 three beetle action coalitions have received $9 million from the Province to prepare communities for transition to the post-epidemic economy.

Over the next decades the timber supply in the interior will continue to decrease. When beetle-killed pine is no longer salvageable, the province’s overall supply of mature timber will be reduced, and 10 to 15 years from now it is forecast to be 20 percent below the pre-infestation levels, a reduction that may last up to 50 years.

The projected drop in timber in the allowable annual cut (AAC) for the central interior represents the timber necessary to keep approximately eight mills running. In areas with the greatest percentage of pine in the forest, shortages are already being noted and the drop in the harvest levels will likely exceed 20 percent. The anticipated decrease in timber supply will have significant negative economic and social impacts on forestry-dependent communities and present major challenges to the industry.

Questions about the mid-term timber supply, the future of some mills, forestry and central interior communities were brought into the spotlight by deadly mill explosions in Burns Lake and Prince George.

On January 20, 2012, the Babine Forest Products mill in Burns Lake exploded and burned to the ground. Two employees were killed, 19 were injured in the fire, and 250 employees were displaced. On April 23, 2012, an explosion and fire at Lakeland Mills in Prince George killed two employees and injured 22 other workers.

Special Committee on Timber Supply 1 Report, August 2012

Reports to Receive Page 24 of 286 ... Agenda Item # 4.1

The provincial government responded by establishing a cross-ministry leadership group to coordinate response-and-recovery efforts and to work with municipal officials, First Nations and community leaders to provide community services and plan for the future. As the two companies and the communities work to rebuild, difficult questions about the sustainability of fibre supply, the long- term profitability of the mills and the future for forestry-dependent communities are being asked.

On May 16, 2012, the all-party Special Committee on Timber Supply was struck to examine the mid-term timber supply in the province’s central interior region. Tasked with developing recommendations on how timber supply could be increased, the Committee conducted six weeks of consultations prior to developing its recommendations.

~~~

This report begins by outlining the work of the Committee. It then presents the key messages that emerged from its consultations. The next section contains a discussion of the context the Committee used to frame its recommendations and then presents the Committee’s recommendations on six major topics.

2 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 25 of 286 ... Agenda Item # 4.1

Work of the Committee

On May 16, 2012, the Legislative Assembly approved a motion creating the Special Committee on Timber Supply (the Committee). The Committee’s terms of reference were to examine and make recommendations about increasing the mid-term timber supply in BC’s central interior as a result of the mountain pine beetle (MPB) infestation.

The Committee was also tasked with conducting consultations on this issue with the public and local governments, including communities and First Nations. Specifically the Committee was instructed to consider recommendations that could increase timber supply, including direction on the potential scale of changes to land use objectives, the rate of allowable annual cut and the conversion of volume- based to area-based tenures; and areas requiring change to legislation and/or key implementation tools.

The terms of reference specified that the above considerations should occur with due regard for: fiscal commitment of the province to balance the budget and maintain competitive electricity rates; maintaining high environmental standards and protection of critical habitat for species and key environmental values; optimal health of communities and as orderly a transition as possible to post beetle cut levels; maintaining a competitive forest industry; the existence of First Nations rights and claims of title; and the Softwood Lumber Agreements and other trade agreements.

On May 17, 2012, the Committee met in Victoria and elected John Rustad as Chair and Norm Macdonald as Deputy Chair. The Committee also discussed the terms of reference, considered a draft meeting schedule and defined the scope of consultations.

On May 22, 2012, pursuant to the Committee’s terms of reference, former Chief Foresters Larry Pedersen and Jim Snetsinger were engaged by the Committee to act as technical advisors for the duration of the Committee’s inquiry.

Technical Briefings The Committee held five meetings to receive technical briefings from senior officials in the Ministry of Forests, Lands and Natural Resource Operations (the Ministry). At meetings on May 28, 30 and 31, 2012, ministry officials presented and answered questions related to provincial timber management processes. Topics included in the PowerPoint presentations were: forest inventory, the timber supply review (TSR) process, and land use planning (LUP) and timber constraints. Two presentations in Vancouver on June 4 focused on the Ministry’s response to the mountain pine beetle (MPB) epidemic. On June 6 in Vancouver, the Ministry presented to the Committee a series of possible options to mitigate the mid-term timber supply shortage arising from the MPB epidemic.

A list of resources provided by the Ministry is included on page 40 and a brief glossary of forestry terms is contained in Appendix A.

Special Committee on Timber Supply 3 Report, August 2012

Reports to Receive Page 26 of 286 ... Agenda Item # 4.1

Consultations As part of its inquiry into the mid-term timber supply in the central interior, the Committee conducted consultations from June 18 to July 12, 2012, and accepted written submissions from June 11 until July 20, 2012. The process provided First Nations, local governments of areas affected by the epidemic, and a variety of stakeholders that make up “the forest community” with an opportunity to share their perspectives on and solutions to the mid-term timber supply challenge. Over the course of the consultations, the Committee received 650 submissions mainly from British Columbians.

Discussion Paper A three-page Discussion Paper was developed by the Ministry to guide the consultations. The paper outlined the effects of the mountain pine beetle (MPB) epidemic, summarized the government response and presented a snapshot of future timber supply in the central interior.

The paper presented five potential options to increase the mid-term timber supply:

 harvesting some of the areas currently constrained for timber harvest in order to support other resource values;  increasing the harvest of marginally economic timber;  changing the flow of timber by adjusting administrative boundaries or accelerating timber availability;  shifting to more area-based tenures and associated more intensive forest management; and  increasing the level of intensive forest management through fertilization and other advanced silviculture activities. Using the information presented in the Discussion Paper and the Ministry resources available on the committee website, British Columbians were asked to consider the following questions:

 What values and principles should guide the evaluation and decision-making regarding potential actions to mitigate the timber supply impacts?  How should decisions regarding potential actions to mitigate the timber supply impacts be made and, by whom?  What specific information about your local area would you like the Committee to know and consider?  What cautions and advice do you have for this committee in considering whether and how to mitigate mid-term timber supply?  How would you as an individual or a community want to be engaged in these considerations going forward?

4 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 27 of 286 ... Agenda Item # 4.1

Regional Consultations The Committee spent three weeks travelling through the MPB-affected central interior. During this time it held meetings and public hearings in 15 central interior communities and conducted two site visits.

The Committee issued a province-wide news release on June 11, 2012, announcing its consultations and the dates and locations of its meetings. Advertisements announcing the public hearings were placed in regional and local newspapers and local radio advertisements were also purchased. The public was invited to register on a first-come, first-served basis for 15-minute presentation slots.

First Nations Meetings First Nations communities from the central interior were invited to meet and to share their perspectives with the Committee. In total, 25 First Nations presented to the Committee and an additional four First Nations submitted written submissions to the Committee.

Local Government Meetings Local governments were also invited to participate in the regional consultations. Elected officials from 21 local governments, representing four regional districts and 16 municipalities appeared before the Committee to share their local perspectives on mid-term timber supply and to offer locally relevant solutions. One municipality submitted a written submission.

Regional Public Hearings The Committee hosted 16 public hearings in communities in the 11 timber supply areas (TSAs) most severely affected by the mountain pine beetle (MPB) epidemic. Beginning the first week of hearings in Smithers, the Committee travelled west along Highway 16 stopping in Houston, Burns Lake, Fraser Lake, Fort St. James, Vanderhoof, Prince George, Mackenzie, and Valemount before concluding in McBride. The second week of travel focused on the Cariboo region, with hearings in 100 Mile House, Williams Lake, Quesnel and a second meeting in Prince George. Regional consultations concluded with hearings in Merritt and Kamloops.

The Committee heard 107 presentations, including 85 from organizations. Several foresters and other professionals also shared their views on sustainable forest management.

Presentations at public hearings were made by a diverse group of community stakeholders and land users. Industry stakeholders shared their challenges and future hopes, and local union representatives offered their perspectives on how to maintain timber supply and protect workers. Local environmental organizations emphasized the need to consider non-timber values while tourism operators, guide outfitters, trappers and ranchers reminded the Committee of the other sectors that rely on forest lands for their livelihood. As well, post-secondary institutions, research organizations, and community groups emphasized the need to consider the social fabric of resource-dependent communities and the need to invest in future solutions.

Special Committee on Timber Supply 5 Report, August 2012

Reports to Receive Page 28 of 286 ... Agenda Item # 4.1

Site Visits To see for themselves the damage caused by the MPB epidemic, on July 4, 2012, the Committee completed a field tour in the area outside of Quesnel, BC. The tour began with a helicopter overview flight of western timber cutblocks highlighting forestry challenges and successes in the region. The Committee heard presentations from ministry field staff based in the Cariboo and Quesnel district offices on harvesting practices designed to protect caribou populations in the region, and how First Nation sensitive sites and environmental stewardship are considered when timber is harvested. The Committee also learned of the need for more roads to facilitate harvesting; viewed a BC Timber Sales (BCTS) operating area; and heard about efforts by a local company, Pinnacle Pellet, to harvest timber affected by the 2006 Nazko fire for pellet production.

The ground portion of the field tour included a discussion of visual quality objectives (VQOs), balancing recreation and timber needs, secondary stand structure regulation, old growth management area (OGMA) values, the contribution of dead timber to biodiversity, and mule deer winter ranges.

On July 6, 2012, the Committee toured a seed orchard just outside of Quesnel. The orchard is operated by the Vernon Seed Orchard Co. and was initiated by West Fraser Mills Ltd. It is now a joint venture company owned by West Fraser Mills Ltd., Canadian Forest Products Ltd. and Winton Global Lumber Ltd.

Vancouver Hearings The Committee’s final week of travel included three days of hearings in Vancouver (July 9-11) where it heard 40 presentations. These meetings provided major forestry companies, provincial associations representing other industry stakeholders and various provincial environmental organizations with the opportunity to share their views. These participants included large wood product and bioenergy companies, industry working groups, and organizations representing biologists, forestry workers, silviculture contractors, woodlot owners, community forests and the wilderness tourism and outdoor recreation sector.

Written Submissions In addition, the Committee received 489 written submissions by email or via the online submission form available on its website. Fifty written submissions were received from organizations representing environmentalists, tourism operators, forestry businesses and unions representing forestry workers. Over 400 written submissions arrived from individual citizens.

A complete list of all the participants in the consultations is contained in Appendix B.

6 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 29 of 286 ... Agenda Item # 4.1

Meeting Schedule May 17, 2012 Organization Meeting Victoria May 28, 2012 Technical Briefing Victoria May 30, 2012 Technical Briefing Victoria May 31, 2012 Technical Briefing Victoria June 4, 2012 Technical Briefing Vancouver June 6, 2012 Technical Briefing Vancouver June 18, 2012 Public Hearing Smithers June 18, 2012 Public Hearing Houston June 19, 2012 Public Hearing Burns Lake June 19, 2012 Public Hearing Fraser Lake June 20, 2012 Public Hearing Fort St. James June 20, 2012 Public Hearing Vanderhoof June 21, 2012 Public Hearing Prince George June 21, 2012 Public Hearing Mackenzie June 22, 2012 Public Hearing Valemount June 22, 2012 Public Hearing McBride July 4, 2012 Site Visit Quesnel July 5, 2012 Public Hearing 100 Mile House July 5, 2012 Public Hearing Williams Lake July 6, 2012 Public Hearing Quesnel July 6, 2012 Site Visit Quesnel July 6, 2012 Public Hearing Prince George July 9, 2012 Public Hearing Vancouver July 10, 2012 Public Hearing Vancouver July 11, 2012 Public Hearing Vancouver July 12, 2012 Public Hearing Merritt July 12, 2012 Public Hearing Kamloops August 1, 2012 Deliberations Victoria August 2, 2012 Deliberations Victoria August 7, 2012 Deliberations Victoria August 8, 2012 Deliberations Victoria August 13, 2012 Deliberations Victoria Adoption of Report

Special Committee on Timber Supply 7 Report, August 2012

Reports to Receive Page 30 of 286 ... Agenda Item # 4.1

Summary of What We Heard

During its consultations, the Committee heard a wide range of views on the issue of mid-term timber supply in the central interior region. This section of the report contains a summary of the key messages conveyed in the 650-plus submissions we received from within and outside the province.

 Recognize First Nations as rights‐holders “I think we have an opportunity, with this beetle epidemic, to do things differently than the way we've been doing them — to include First Nations, to manage the land in a more respectful way…. It's such an opportunity at this point in time, with the 20 percent fall down, to change everything about the way we do forestry in BC.” (Dave Nordquist, Adams Lake Indian Band, Kamloops public hearing) In meetings with First Nations, public hearings and written submissions, the Committee heard about the importance of working collaboratively with First Nations to develop strategies to address the mid- term timber supply. First Nations expressed their expectation that further discussion about forest resources on traditional territory be completed on a government-to-government basis.

 Respect non‐timber values “Although we live in an area where resource extraction is important, we still deserve the same protection for our non-timber resource values and our quality of life as in other regions of the province.” (Elisabeth Doerig, Nechako Lodge and Aviation, Vanderhoof public hearing) Submissions received from across the province stressed the importance of managing the forest land base for diverse values. The Committee was encouraged to consider not only the value of timber but also the other economic, environmental, social and spiritual values related to our forests. For example, forestry workers, tourism operators and guide-outfitters described how valuable an asset the forest is to their respective industries. Conservation and environmental groups focused on the values of biodiversity and wild spaces, and First Nations on the spiritual significance of certain areas on the timber harvesting land base.

 Recognize ongoing efforts of local communities and regional coalitions “I want to emphasize the importance of local input into the decision-making. We're the ones who live here and spend the most time here, so we hope we have the strongest voice when a decision process is in place.” (Mayor Luke Strimbold, Village of Burns Lake, Burns Lake public hearing) The value of community input and of community-based decision-making bodies was another key message communicated to the Committee in oral presentations and in written submissions. Repeatedly, the Committee heard that there is no one-size-fits-all solution to the mid-term timber supply challenges.

8 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 31 of 286 ... Agenda Item # 4.1

The importance of local knowledge was highlighted in the development of local land use plans and the ongoing work of the three beetle action coalitions (BACs). Local governments, the BACs, foresters and other residents of the timber supply areas all stressed that further work on forest management issues should not undo or override locally developed land use plans.

 Protect the BC brand “BC has earned a strong international reputation for world-class management of forest values. We must maintain and strengthen that reputation. We cannot risk ruining our environmental brand.” (Tom Hoffman, Tolko Industries Ltd., 100 Mile House public hearing) Another common theme emerging from the consultations was the importance of managing the forest in such a way as to protect the BC brand. Industry stakeholders highlighted the importance of maintaining the forest industry’s internationally recognized sustainability labels. At the Vancouver hearings, Interfor expressed concern about proposals to make significant changes to the principles of sustainable forestry, and the Forest Stewardship Council Canada suggested the options proposed in the Discussion Paper to increase mid-term timber supply could prevent future certification. The Committee also received submissions from many British Columbians, and a few international visitors, who identified preservation of the wilderness and continued support for “Super, Natural British Columbia” as their top priorities.

 Make better use of the existing forest resource “There’s probably an opportunity to prioritize some of our stands or areas for rehab that aren’t going to get dealt with.” (Carl vanderMark, Houston public hearing) Several submissions received by the Committee stressed the importance of including stands of timber currently considered uneconomic from a sawlog perspective. The Forest Fibre Alliance of BC, for example, made a strong case for including non-sawlog fibre in the allowable annual cut (AAC) calculations as a way to increase the timber supply dramatically. Prince George-based Pacific Bioenergy Corp., a leading producer of wood pellets for the export market, proposed that the AAC should be appropriately distributed between sawlog grade operators and non-sawlog grade operators to facilitate a level playing field and appropriately drive business-to-business exchange.

Other submissions pointed out that opportunities exist in timber that is currently considered waste — for example, in slash piles and in small-diameter and short-length waste materials. To improve utilization rates, they made a number of suggestions including: new tenure opportunities to utilize roadside residue from ongoing forestry operations, tough new utilization standards that require companies to bring logged trees into communities for processing, or the offer of incentives such as “cut-control credits”.

Some submissions, though, expressed reservations about greater utilization of waste on the forest floor. They included the Ecoforestry Institute Society and the BC Trappers Association that regard waste, in particular coarse woody debris, as having an important environmental value for small animals and for soil health.

Special Committee on Timber Supply 9 Report, August 2012

Reports to Receive Page 32 of 286 ... Agenda Item # 4.1

 Protect forest reserves “Opening up reserves and visual corridors for logging to fill timber supply shortfalls will have a long-term effect on the environment without a long-term benefit to communities.” (Nikki Skuce, ForestEthics Advocacy Association, Smithers public hearing) The Ancient Forest Alliance, Canopy, ForestEthics Solutions, Greenpeace, the Sierra Club of BC and the Wilderness Committee all urged the Committee to consider the importance of wilderness and wildlife when making recommendations on future forest management. Many individual submissions were also received on the issue of relaxing constraints on timber harvesting, not only from the central interior and other regions of the province but also from across Canada and other countries.

The common request conveyed in these submissions was to protect BC’s forest reserves – whether they be visual-quality areas (that protect scenery for tourism), old growth management areas (that protect old growth forests), riparian reserve zones (that protect fish habitat and water quality), ungulate winter ranges (that protect the winter habitat of an ungulate species such as moose, deer, caribou and mountain goats), wildlife habitat areas (that protect species at risk like grizzly bears), or recreation areas (located on Crown lands outside parks and municipalities).

The nature-based tourism sector was also opposed to harvesting in forest areas set aside for visual quality objectives or old growth values. At the Vancouver hearings, the Wilderness Tourism Association explained how integral viewscapes, wildlife and recreation are to the BC tourism experience; and the Outdoor Recreation Council of BC also urged the Committee to recognize outdoor recreation as an important forest value.

 Consider relaxing constraints on harvesting in certain circumstances “Current visual quality objectives and thresholds need to be rationalized to be efficient and effective, but certainly not abandoned in visually sensitive areas, especially when associated with lakes and rivers.” (Ross Hamilton, District of Fort St. James, Fort St. James public hearing) The Committee also heard the case for harvesting in some of the constrained areas as a way to increase the mid-term timber supply. Some forest products companies, for example, suggested that harvesting in old growth and special management areas may be appropriate in some circumstances – such as, in stands of dead timber. As well, some residents of timber supply areas pointed out that constraints on harvesting in sensitive areas were established before the mountain pine beetle (MPB) epidemic and are no longer relevant, that little visual quality remains in dead pine stands, and that many constrained areas are fire hazards or no longer qualify as living ecosystems.

 Relax some constraints to promote economic recovery in Burns Lake “The objectives of the strategy that we came forward with for the Burns Lake area are to look at opportunities for reducing the visual-quality objective policy and the old growth management areas while maintaining the intent of both of those policies, primarily to be able to obtain the fibre that is at high risk of wildfire.” (Chief Albert Gerow, Burns Lake Band and Burns Lake Native Development Corporation, Burns Lake public hearing)

10 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 33 of 286 ... Agenda Item # 4.1

In the case of the Lakes timber supply area, a number of submissions advocated the careful reconsideration of current harvest constraints to assist the economic recovery efforts in the community of Burns Lake. The Village of Burns Lake noted that modest adjustments to non-timber values could be considered without jeopardizing high-quality stewardship and while promoting well- rounded tourism, recreation and forest opportunities. The relaxing of constraints was also included as part of a list of timber supply opportunities developed by the Burns Lake Native Development Corporation, the six local First Nations, the Village of Burns Lake and the Bulkley-Nechako Regional District. Hampton Lumber Mills also proposed changes to land-based constraints including visual quality objectives (VQOs) and old growth management areas (OGMAs). The Lakes Outdoor Recreation Society too explained that they were in favour of relaxing constraints on VQOs for harvest and salvage so long as the measures were temporary and respected the goals of land use plans.

 Leave existing TSA boundaries alone “For government to step in now so late in the game and invalidate our investments with sweeping and arbitrary changes to forest tenure administration would send shockwaves through the industry and our communities. Instead of amalgamating timber supply areas, government should use unallocated and undercut volumes as a mid-term mitigation tool.” (Don Kayne, Canadian Forest Products Ltd., July 9 Vancouver Public Hearing) Over the course of the consultations the Committee received a very clear message not to recommend adjusting timber supply area (TSA) boundaries as a mitigation option to increase mid-term timber supply. Besides Canfor, other industry stakeholders opposed amalgamation, including Apollo Forest Products, the Interior Lumber Manufacturing Association, Interfor and the BC Forest Fibre Alliance. The District of Houston, based in the Morice TSA, also voiced its opposition to administrative boundary changes, as did the Nak’azadli Band in the Prince George TSA.

 Consider investing in infrastructure to improve access to timber “Public investment in access infrastructure — roads, ferry crossings, that sort of thing — will provide some measure of mitigation to those regional imbalances by bringing about safe and efficient log transportation solutions to the communities most affected.” (James Magowan, Fraser Lake Sawmills, Fraser Lake public hearing) Proponents of investment in infrastructure argued that this option was a way to provide better access to available timber and to capitalize on the business opportunities in the emerging bio-energy sector. Submissions from the cities of Quesnel and Prince George, forest companies and individuals all presented arguments for investment in resource-road infrastructure to access mature timber. A Fort St. James resident, for example, pointed out that road upgrades with higher speed limits would enable mature timber currently beyond economic reach to become immediately available. Several forestry companies also presented the case for more investment in access infrastructure. They included Fraser Lake Sawmills that saw this option as a way to mitigate regional imbalances in timber supply. Vanderhoof Specialty Wood Products and RiverCity Fibre indicated their support for government assistance to improve roads, and Tl’oh Forest Products and Ta Da Chun Timber identified specific road projects.

Special Committee on Timber Supply 11 Report, August 2012

Reports to Receive Page 34 of 286 ... Agenda Item # 4.1

Two First Nations also presented the case for investment in electricity infrastructure. The Cheslatta Carrier Nation identified a need to upgrade the electrical grid capacity in order to develop bioenergy opportunities and the Nazko First Nation and its partners made the point that higher capacity three- phase electricity infrastructure was vital for the development of a pellet plant in the Nazko Valley.

 At a minimum, meet basic restocking requirements “What I’m arguing for here – and this what the Swedes do – is start with high initial stocking because the type of wood quality is very much dependent on how crowded those trees are early on.” (Ray Travers, July 9 Vancouver public hearing) The Council of Forest Industries, the voice of the BC interior forest industry, identified the need to address reforestation and restocking needs created by the mountain pine beetle epidemic. Citing recent reports on nontsufficiently-restocked (NSR) areas issued by the Forest Practices Board and the BC Office of the Auditor General, the major forestry unions also recommended urgent action on restocking and a review of the cost effectiveness of current provincial reforestation programs. Friends of Ecological Reserves proposed that the Province work with the federal government to implement reforestation plans based on landscape units.

Some submissions — including Hampton Lumber Mills, Canfor, Central Interior Logging Association, Interior Logging Association, Williams Lake Indian Band and some foresters — advocated increased investment in fertilization and other silviculture techniques like planting, spacing, and pruning. However, concerns were expressed about the cost-effectiveness of fertilization by the Interior Lumber Manufacturing Association, the District of Vanderhoof and BC Wildlife Federation Region 7A, which also referred to its potential to cause water pollution.

 Base decisions on an updated forest inventory “We believe that continued investment in the basic inventory is crucial, since the forest land base is subject to increasing demands from many directions, thereby taxing an inventory system that was never designed to provide information at levels or scales now required.” (Mark Semeniuk, Interior Lumber Manufacturers Association, July 10 Vancouver public hearing) Another clear message in some submissions was the need to update the forest inventory. Local governments and industry stakeholders recommended that government make such an investment to ensure that the inventory accurately captures the profound changes to the landscape that have resulted from the mountain pine beetle epidemic and climate change. It was also pointed out that an accurate inventory is crucial to making sound forest management decisions. A few submissions suggested that the new inventory should be expanded to fully capture the status of non-timber values and all timber uses that can be derived from the forest.

 Shift to more area‐based tenures “I'm in the camp of area-based management. I think that's the proper way to go, instead of volume-based tenures. But there are problems with how you would move from where you are

12 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 35 of 286 ... Agenda Item # 4.1

today to area-based management.” (Bill Bourgeois, Healthy Forests-Healthy Communities, July 9 Vancouver public hearing) The Committee heard from a variety of area-based tenure holders who stressed the respective benefits of community forests, First Nation woodland licences, tree farm licences or woodlots. Several municipalities reported that community forests allow local resources to be managed to meet local needs, create local jobs and diversify the timber market; and, according to the Village of McBride, they generally provide a higher level of jobs per cubic metre than the major licensees. The BC Community Forest Association informed the Committee that community forests represent 1.5 percent of the provincial allowable annual cut (AAC) and recommended the number of community forests be increased for communities and First Nations.

In a written submission to the Committee, the Williams Lake Indian Band voiced its opposition to any transition to area-based tenures for major licensees because of the current treaty processes and the selection of “treaty settlement lands” that is currently underway. Instead, the Band suggested the expansion of First Nations woodland licences. At a meeting in Kamloops, the Adams Lake Band expressed concern that moving to area-based tenures would create direct conflict between companies with allocated harvest rights and the Band’s rights to the same trees.

Major companies, such as West Fraser Mills Ltd., argued that area-based tenures should be expanded, citing a 15 percent increase in the allowable annual cut (AAC) in its tree farm licence in Quesnel as an example of a benefit. They recommend that government create legislation to permit exchange of volume-based to area-based tenures on a proposal basis. Other businesses told the Committee that conversion will present significant challenges and is best done when the timber quality is better. The Federation of Woodlot Associations, which represents private landowners, claimed that additional woodlot licences can play an important role in mitigating mid-term timber supply issues.

 Diversify the economies of forest‐dependent communities The primary focus must be on developing resilience through economic diversification and strong communities.” (Councillor Rimas Zitkauskas, Village of Telkwa, Written Submission 1) A recurring message during the consultations highlighted the need for economic diversification within forest-dependent communities and for additional value-added manufacturing opportunities. Resources North Association, based in Prince George, encouraged the consideration of the full range of current and potential natural resource development activities, including energy and mining. Other submissions, including the Williams Lake Transition Town Group, focused on bio-energy as an important economic opportunity. The Forest Fibre Alliance of BC informed the Committee that in order to capitalize on the shift from a sawlog based economy to a fibre-based economy, incentives to harvest non-viable wood must be created. However, it was noted by forest licensees and union representatives that actions to promote bio-energy opportunities must not undercut traditional operators or penalize existing businesses.

Special Committee on Timber Supply 13 Report, August 2012

Reports to Receive Page 36 of 286 ... Agenda Item # 4.1

 Reduce exports of unprocessed logs “In the past decade we believe that the export of raw logs has been a significant contributing factor in the loss of value-added jobs here in BC.” (Mark Cameron, Communications, Energy and Paperworkers Union of Canada, July 10 Vancouver public hearing) The Communications, Energy and Paperworkers Union of Canada, the United Steelworkers and the BC Government and Service Employees’ Union were all in favour of reducing exports of unprocessed logs. They proposed this option as a way to augment the mid-term timber supply and to provide more employment within the province. One company, West Fraser Mills, also observed that the province is losing a lot of value by exporting logs and that more finished products could be produced in British Columbia.

As well, the Wilderness Committee, along with a number of their supporters, wrote to the Committee urging a ban on log exports in order to provide a more secure supply of timber for local mills without needing to enter protected forests. A similar appeal was also made by the BC Forests Society, urging a reduction in log exports by purposefully seeking out BC buyers.

 Make a decision on rebuilding the Babine mill sooner rather than later “The first conclusion is that the provincial government has no choice but to work with the Burns Lake Native Development Corporation, the Burns Lake community and Hampton to ensure the construction of a new sawmill in Burns Lake - hopefully commencing before the first snowfall.” (Bob Matters, United Steelworkers Wood Council, July 11, Vancouver public hearing) Throughout the consultations, the Committee was urged to recommend that government rebuild the Babine Forest Products mill in Burns Lake in order to maintain competitive timber prices in the region and to protect the social fabric of the local community. The Village of Burns Lake’s council argued that the rebuilding of the mill is crucial to the success of the region, while the Lake Babine Nation encouraged swift action to rebuild, noting the need to take advantage of this construction season.

Similarly, Hampton Lumber explained in its presentation to the Committee, that every month of delay increases hardship and losses. The company insisted that an answer was needed by the end of August in order to make the multi-million dollar commitment needed to have the mill running in early 2014. The Burns Lake and District Chamber of Commerce also emphasized the need for a quick response in order to reduce uncertainty for businesses and families.

14 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 37 of 286 ... Agenda Item # 4.1

Context for Forest Management in British Columbia

During the consultations, the Committee received valuable input to the questions identified in its June 2012 Discussion Paper. In addition to the key messages outlined above, the Committee received both oral and written input on the broader forest management context in British Columbia. As one would expect, there is a wide array of perspectives on this topic. By definition, the current model of Crown land ownership in British Columbia gives the people of BC a significant stake in how forests are managed in the province.

The current forest management regime has a pedigree that can be traced back to the first Forest Act of 1912. Since then, there have been significant changes in technology, social values and environmental considerations. Today’s forest management framework has been shaped over the past 100 years through a number of Royal Commissions on Forest Resources (e.g. Sloan, Pearse); revisions to legislation (e.g. Forest Act, Forest Practices Code Act, Forest and Range Practices Act); and various government initiatives, such as the recent Working Roundtable on Forestry report (March 2009), and the government’s discussion paper on a new vision for silviculture in British Columbia (March 2009).

There are common threads through many of the successive examinations of forest management in British Columbia. In reviewing the past history of where we have been, and where we are today, it is clear that progress has been made on many fronts. However, there are still many challenges associated with key issues, such as:

 The level of community and First Nations’ benefits arising from active management of Crown forests;  Security of investments made on Crown forest tenures;  Ensuring resilient forests for future generations;  Ensuring a diversity of forest tenures;  Deriving the optimal combination of social, environmental and economic goods and services from our forests. Based on the input provided, and the direction the Province has taken over the past 30 or more years, the Committee thinks there needs to be continued emphasis and attention paid to forest management in British Columbia. The Committee regards this report to the Legislative Assembly, while not comprehensive given its terms of reference, to be yet another signpost that helps shape future forest management in the province. With this in mind, the Committee respectfully submits that the following elements are relevant considerations in guiding future forest management in the province:

Growing more fibre and extracting more value Within the context of the existing land use plans, and the principles of sound sustainable forest management, we must find ways to grow more fibre on the timber harvesting land base and to realize more value from the wide spectrum of possible uses for that fibre.

Special Committee on Timber Supply 15 Report, August 2012

Reports to Receive Page 38 of 286 ... Agenda Item # 4.1

Improving portfolio management We think there is an opportunity to more effectively benefit from the inherent productivity of commercial forest land in British Columbia. This should be pursued with a complementary objective of maintaining BC’s sustainable forest management brand. While growing more fibre is a desired outcome, this needs to be achieved within the context of growing resilient forests in the face of a changing climate.

“Growing” social licence For the Committee, it is crucial that communities and First Nations benefit from active involvement in forest management and thereby become fully supportive of new directions. Tenure performance needs to be monitored to ensure forest management objectives are being met, and tenure policy needs to ensure the appropriate consideration of First Nations and community interests.

In addition, the Committee thinks forest industry diversity, as represented by an array of small, medium and large licensees, along with opportunity for new entrants, is a strategic objective that should be set for British Columbia.

Creating the climate and incentives for private sector investments in our forests One of the key messages the Committee heard was that there is considerable interest in increasing the type and form of area-based tenures to support enhanced levels of forest stewardship and private sector forest investment. Like previous inquiries, we suggest that area-based tenures should continue to be diversified and improved upon. This should be pursued through: community consultation and support; enabling legislation; rigorous evaluation and award criterion; and in the spirit of continuous improvement. An incremental walk-before-you-run approach is recommended.

With this preamble in mind, the Committee proposes the following recommendations to the Legislative Assembly, and regards all of them as consistent with this broad context for future forest management in British Columbia.

16 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 39 of 286 ... Agenda Item # 4.1

1. Preserving the Integrity of British Columbia’s Sustainable Forest Management System

Recognizing First Nations rights and interests First Nations raised many different points during their meetings with the Committee, including the need for deeper and more meaningful consultation with the Province on any changes contemplated by the Committee. Beyond that, there were many reminders about the nature and extent of First Nations rights and claims of title; in some instances, requests for economic development opportunities and, in other instances, requests that resource development activities be slowed down in traditional territories.

Respecting land use plans Without question, one of the most commonly expressed views during the regional hearings was about the need to respect local land use planning (LUP) processes. Current land use plans reflect many years of complex negotiations among different interests and, notwithstanding changes to the forest, are still considered important and relevant.

Another clear message the Committee heard was that there has been a loss of momentum in monitoring and assessing ongoing compliance with land and resource management plans (LRMPs), or in ensuring that these plans are kept current in light of changing circumstances.

The common request was that if changes are required in response to the mountain pine beetle epidemic, there should not be a one-size-fits-all approach. Instead, the issues, defined in narrow and clear terms, should be referred back to the communities and the planning tables for local consideration.

There were also many reminders that land use plans were intended to be “living plans”, which was generally explained to mean that they would continue to be monitored and revised in order to stay current and to reflect new information as it becomes available.

Recommendation 1.2 The Committee recommends to the Legislative Assembly that the Ministry: a) Assess the feasibility of re-establishing the monitoring committees for land and resource management plans (LRMPs) and, if feasible, task them with conducting a time-limited review of

Special Committee on Timber Supply 17 Report, August 2012

Reports to Receive Page 40 of 286 ... Agenda Item # 4.1

the LRMPs and their relevance, in light of changes to the forested landscape. The appropriate role of local First Nations needs to be reviewed with them. b) Use the best available science to establish key priorities for monitoring committees to review in each management unit under LRMPs and local area plans. The purpose of the reviews is to ensure that the plans are meeting their original intent, given the changes in the forest that have occurred as a result of the mountain pine beetle epidemic.

Upholding forest certification Various submissions outlined the important role that forest certification plays in providing assurance to both global and international publics and customers that BC forest practices are sustainable and meet a high standard. As such, certification is considered as an important part of the “BC Brand” and a level of caution is required to ensure that the value of the brand is not undermined, or that the brand not be put at risk when contemplating or making changes in how our forests are managed.

It is important therefore that the Province be circumspect in responding to the Committee's recommendations by ensuring its decisions support the test of sustainable forest management certification and continue to facilitate forest certification.

Recommendation 1.3 The Committee recommends to the Legislative Assembly that the Ministry: a) Undertake a critical assessment of the risks to certification and BC’s sustainable forest management (SFM) image prior to making any changes in response to this report. b) Ensure that proper notification and communication plans are developed where sensitive changes are considered as an appropriate response, given the wide-ranging impacts of the mountain pine beetle.

Supporting the beetle action coalitions The three beetle action coalitions (BACs), based in Cariboo-Chilcotin, Omineca and the Southern Interior, have prepared regional-level strategies and comprehensively reviewed many of the same issues as the Special Committee on Timber Supply. It is noted that their work is largely aimed at managing the transition to the post-epidemic economy in addition to considerations about timber supply. The Committee has stayed mindful of their important work during the course of this review, and would like to express its appreciation for their ongoing efforts.

Recommendation 1.4 The Committee recommends to the Legislative Assembly that the Ministry respect the important work that has been undertaken by the beetle action coalitions (BACs) and continue to support their goals and objectives by reviewing policies and programs as appropriate.

18 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 41 of 286 ... Agenda Item # 4.1

2. Land Base Issues

Including marginally economic forest types The Committee heard about stands that are accessible and otherwise available for harvesting but are not merchantable because of small piece size, incidence of decay, species composition and low stocking. If these marginally economic forest types were utilized, the mid-term timber supply could increase. However, the amount of area that is considered to be marginally economic varies by management unit. In some instances, the volume is significant and if it can be developed, would assist in meeting timber supply demands during the critical period of mid-term scarcity.

“Partitioning” is a mechanism that creates an incentive to operate in these marginally economic areas by having them support higher harvest levels and at the same time allows for the viability of these areas to be tested over time. It also might promote the type of innovation that may be required to support their development.

The recommendations in this section are therefore based on the significant risk that declining timber supplies represent to local economies and the need to test and assess the potential contribution of marginally economic stands to mid-term timber supply.

Very clearly, certain areas are sensitive for a variety of social, economic and environmental considerations. As noted earlier, the consultations conducted by the Committee reveal that there is not a strong desire to revisit the value or importance of the concept of managing sensitive areas — whether they are old growth management areas; wildlife habitat areas and ungulate winter ranges; wildlife tree patches; visually sensitive landscapes; riparian areas, or other important non-timber forest management objectives and considerations.

Special Committee on Timber Supply 19 Report, August 2012

Reports to Receive Page 42 of 286 ... Agenda Item # 4.1

However, given the significant impacts of the mountain pine beetle (MPB), it is important to review the management of sensitive areas on a site-by-site basis to determine whether they are meeting their original objectives in the post-MPB era, and to consider if there are better or different ways of meeting their intent at the time of their initial establishment.

Recommendation 2.2 The Committee recommends to the Legislative Assembly that the Ministry: a) Design a science-based review process for local use by monitoring committees, as referenced in Recommendation 1.2 above, in the assessment of existing sensitive-area designations to ascertain if they are still defensible or whether they need to be modified; and give due consideration to any changes in technology that might help to achieve the objectives for these areas. b) Only consider harvesting sensitive areas within the timber harvesting land base (THLB) if the decision is based on the science-based review process referenced in Recommendation 2.2a above. c) Ensure that the review process is cost effective and justifiable, and that no changes are implemented in the management of sensitive areas in any area where there is a lack of general consensus. d) Conduct this review process with a view to improving overall forest management in the beetle- impacted timber supply areas. While potential changes may augment the timber supply, this is not a predictable outcome.

Avoiding amalgamation of timber supply areas Larger units can provide more flexibility and have more timber supply stability due to a larger forest base with a larger diversity of species and ages. However, the input the Committee received on this subject asked that this option not be considered at this time.

Recommendation 2.3 Based on the analysis and information available on this topic, the Committee recommends to the Legislative Assembly that the Province not consider the amalgamation of timber supply areas.

Increasing infrastructure investment to support fibre utilization In certain areas, the rate and extent of infrastructure development can limit or affect overall salvage and harvesting success in the area. The Committee received several suggestions about the value and benefit of increasing the level of investment to support a broad range of public and economic interests in the landscape – whether for public recreational access, access for mineral exploration and development, or for other forest development initiatives.

Recommendation 2.4 The Committee recommends to the Legislative Assembly that the Province review the feasibility, through business case analysis, of developing road and power-line infrastructure into currently under- developed management units affected by the mountain pine beetle as a potential mid-term timber supply mitigation action.

20 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 43 of 286 ... Agenda Item # 4.1

3. Forest Practices Considerations

Growing more fibre British Columbia has a comprehensive forest management regime. Despite the comprehensive system that is currently in place, the significant shortage in mid-term timber supply necessitates that all options to grow and utilize more fibre and to generate more value from the forest, need to be fully analysed and implemented as appropriate. The Committee received a consistent message in this regard. Some of the key areas of concerns were as follows:

(i) Stocking standards in light of climate change implications associated with the increased incidence of forest pests and pathogens. (ii) Free-to-grow standards relative to the objective of developing a resilient forest and reducing the risks to the Crown once a stand has been declared “free to grow”. (iii) Associated with the free-to-grow issue, species diversity at the stand and landscape level is considered an area for examination and potential improvement. The Committee also learned about the significant benefits (e.g. growing additional fibre) of British Columbia’s tree improvement program and how continued efforts in this silvicultural area can yield high returns on capital invested.

The Committee also received information on the potential benefits of increased use of partial cutting systems in a timber-constrained mid-term. The Committee agrees that the shortage of mid-term fibre will require that all economically viable harvesting techniques be explored.

Investing in intensive silviculture Intensive silviculture activities, such as fertilization, can increase the available mid-term timber supply during this critical period of shortfall. The Committee was informed that fertilizing stands that are between 30 to 70 years old can increase harvest volumes 20 to 40 years from now; and fertilizing 15- to 30-year-old stands can increase harvest volumes 40 to 70 years from now.

Special Committee on Timber Supply 21 Report, August 2012

Reports to Receive Page 44 of 286 ... Agenda Item # 4.1

An analysis completed by the Ministry indicates that a sustained investment in fertilization of approximately $11 million per year could increase timber supply by as much as 290,000 cubic metres per year starting in 2022. This analysis did not include all the management units affected by the mountain pine beetle; therefore the opportunity for additional volume gains could be even greater.

Recommendations 3.2 The Committee recommends to the Legislative Assembly that the Province determine the level of investment in intensive silviculture, such as fertilization, that it will sustain. The Committee further recommends to the Legislative Assembly that the Ministry: a) Place priority on completion of type 4 silvicultural strategies to guide investments in intensive silviculture in accordance with established criteria. b) Develop a strategy and objectives for re-engaging the federal government to acquire funding that will be used to help respond to the mountain pine beetle crisis. The funding would support the planning and implementation of joint federal, provincial and industry programs and partnerships in response to forest management and community challenges associated with the epidemic. c) Establish criteria for the allocation of funding for intensive silviculture on area-based tenures in order to leverage private sector investment.

Reducing wildfire risks It is predicted that wildfires will be increasingly difficult to control in coming years. Consequently, timber losses are projected to increase because of changes to forest fuel complexes. In order to keep these losses at a manageable level and reduce overall risks, it will be necessary to set and implement strategies for managing the distribution of fuels in the forest and around communities.

Recent experience and data show that by managing fuels in the wildland-urban interface, catastrophic wildfire risks can be reduced and fire suppression costs and efforts can succeed in a cost effective manner. There are very good examples of how community forests have directed their efforts to help achieve these goals (e.g. Logan Lake community forest in the Merritt timber supply area). With proper planning, other tenures should be able to help achieve improved outcomes as well.

Emerging analysis and technology have shown that there are reasonable actions that can be planned and taken to manage forest fuels and fire risks at the landscape level in order to reduce overall losses and help to control costs. Based on this information the Committee makes the following recommendation.

Recommendation 3.3 The Committee recommends to the Legislative Assembly that the Ministry: a) Continue to fund strategies and activities for the reduction of fuel in the wildland-urban interface. Where these investments reduce overall fire suppression risks and costs, then the Ministry might best fund these expenditures from the fire suppression budget, thereby reducing overall cost to the Province.

22 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 45 of 286 ... Agenda Item # 4.1

b) Ensure that tenure holders help to manage fuels across the broader forest landscape in addition to the urban interface. c) Work closely with tenure holders by linking its fuel management programs to type 4 silvicultural strategies. Managing not‐sufficiently‐restocked (NSR) areas

The Forest Practices Board recently released a special report entitled How much of British Columbia’s forest is not satisfactorily stocked? And what should be done about it? There has been substantial debate about how much of the timber harvesting land base will meet expectations for timber supply because of damage caused by the mountain pine beetle and fire. This debate has been put in the context of the term “not sufficiently restocked” (NSR).

It is estimated that there may be up to 1 million hectares of area that may become classified as NSR due to beetles and fire. This is only an estimate, as the areas have not yet been surveyed or stratified and because the epidemic continues to affect the forest.

The Committee understands the relationship between areas that are classified as NSR, the timber harvesting land base and timber supply. It is noted that the government has yet to respond to the recommendations of the Forest Practices Board report.

It is also noted that decisions need to be made about how to assess and classify the forest stands that are impacted by mountain pine beetle in order to refine projections about how these areas should be managed in the future, once the epidemic has run its course. Until this work is completed, any estimates of the total area of NSR are speculative and it remains unknown how much of the impacted area remains sufficiently stocked, how much is NSR, and how much of the NSR area is naturally regenerating and likely to become restocked in a given time frame.

The Committee recognizes that there are many possible choices and appropriate considerations for how areas classified as NSR get managed in the future. For example, some of the areas are likely to be harvested and reforested, subject to financial considerations; some will be candidates for some type of rehabilitation actions to ensure their timely reforestation; and others may be best left to recover on their own. The choices that are made will affect timber supply projections and associated allowable annual cut (AAC) determinations made by the Chief Forester.

Recommendation 3.4 The Committee recommends to the Legislative Assembly that the Ministry: a) Determine the most cost-effective means of assessing and classifying the stands that are impacted by mountain pine beetle and then implement a program for their assessment and classification. b) Develop technical and financial criteria for stratifying NSR areas that considers among other things: i. The areas that are likely to be harvested and reforested;

Special Committee on Timber Supply 23 Report, August 2012

Reports to Receive Page 46 of 286 ... Agenda Item # 4.1

ii. The areas that are candidates for rehabilitation through various types of treatment to ensure their timely reforestation; and iii. The areas that should be left to recover on their own, with projected timelines for when they will become sufficiently restocked. c) Ensure that the Ministry’s plans are clear, transparent and publically communicated, and that the plans are monitored and adjusted as necessary, and changes publicly reported.

24 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 47 of 286 ... Agenda Item # 4.1

4. Other AAC‐related Issues

Updating forest inventory The dynamic changes taking place in the forest as a result of the mountain pine beetle epidemic are difficult to capture and account for in a cost-effective manner at the best of times. However, the task is made even more difficult during periods of budget instability.

As noted earlier, several concerns about declining inventory efforts were expressed to the Committee during its consultations. Some of the concerns were simply characterized as being about the level of expenditure while others were more clearly focused on how weaknesses in the inventory create uncertainty about the overall state of the forest and about how to plan and account for changes to the forest. For example, as discussed above, what areas are no longer satisfactorily restocked and require treatment? Or, how can the Province accommodate emerging economic interests, such as the growing bio-economy sector, when there is uncertainty about how much of the forest is dead versus alive?

It is recognized that the forest inventory is used to establish or bring perspective to a broad range of important social, environmental, and economic forest management goals. Given that the mountain pine beetle epidemic is coming to an end, it is now vitally important to update the inventory in a cost-effective and timely manner to: support important decisions such as new allowable annual cut (AAC) determinations; to plan reforestation efforts; to assess the attainment of environmental and social objectives; and to evaluate new licences that support demands from the forest sector, the emerging bio-economy sector and other fibre-based initiatives.

Special Committee on Timber Supply 25 Report, August 2012

Reports to Receive Page 48 of 286 ... Agenda Item # 4.1

Managing harvest flow One of the potential options to mitigate timber availability in the aftermath of the mountain pine beetle might be to harvest more of the remaining mature volume in the years between the start of the mid-term and the beginning of the long-term level. This means addressing short-term needs by harvesting more timber in the short-term by borrowing timber from the future and having reduced timber supplies at some point in the future as a consequence.

Recommendation 4.2 The Committee recommends to the Legislative Assembly that the Ministry maintain current harvest flow policies and allow the Chief Forester to determine an appropriate harvest flow for each management unit during allowable annual cut (AAC) determinations.

Determining allowable annual cut (AAC) As new information becomes available, and as the beetle epidemic is now in decline in most units, it is important to review harvest levels and ensure that they are declining at an appropriate rate and time. In addition, as other new information becomes available, it is always useful to review those findings to refine the timber supply projections for the area.

It is important to ensure that balance is maintained between, on the one hand, keeping harvest levels high enough to ensure the harvest and recovery of dead timber and the timely reforestation of the sites they occupy, and, on the other, the imperative of maintaining the maximum amount of green timber that is reserved to support the mid-term timber supply in each one.

Recommendation 4.3 The Committee recommends to the Legislative Assembly that the Ministry continually review the timber supply in each management unit and advise the Chief Forester on priorities for when the next AAC allocation is required. In management units where the AAC has been previously increased to facilitate harvesting, and where lower levels of mountain pine beetle have been experienced than originally expected, the Chief Forester decide on a new AAC determination as soon as practicable.

Reducing fibre losses due to fire, pests and wind throw The current timber supply review (TSR) process and allowable annual cut (AAC) determinations take into account unsalvaged losses that occur due to natural causes such as wind throw, fire, pests and pathogens. The level of unsalvaged losses varies between management units, as does the forest management action taken to minimize these losses. It is noted that on some tenure areas unsalvaged losses have been minimized through direct action.

Historically, where the Chief Forester is aware of actions being taken to address salvage opportunities, this is taken into account and the volume of unsalvaged losses is reduced in the TSR net-down process.

26 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 49 of 286 ... Agenda Item # 4.1

In management units where there has been a history of unsalvaged losses with limited actions being taken to harvest or recover them, the Chief Forester could potentially create a partition and uplift the AAC, giving rise to a new harvest opportunity in the management unit.

Recommendation 4.4 The Committee recommends to the Legislative Assembly that the Ministry ask the Chief Forester to review how unsalvaged losses are projected in allowable annual cuts (AACs). If the Chief Forester determines that it is reasonable to establish partitions to promote the utilization of fibre that would otherwise not be recovered, and thereby reduce the level of unsalvaged losses, then tenure policy experts should work with the forest sector to determine if a workable and effective policy could be developed that would: i. Promote the utilization of fibre associated with unsalvaged loss projections by using a partition to reflect the amount that could potentially be salvaged. ii. Determine whether it is reasonable and practical to develop and administer a salvage program to promote the recovery and utilization of this timber.

Special Committee on Timber Supply 27 Report, August 2012

Reports to Receive Page 50 of 286 ... Agenda Item # 4.1

5. Forest Tenure Issues and Interests

Expanding area‐based tenures Approximately 80% of the Crown forest resource is currently under “volume-based” tenure, where a tenure holder is typically one of many having rights to a specific volume of timber within a timber supply area. The remaining 20% of the resource is under area-based tenure, in First Nations woodland licences, tree farm licences, community forest agreements or woodlot licences.

During the consultations, interest was expressed in expanding the amount of area-based tenure in the province, or any other future form of area-based tenure.

Fibre availability reflects the changing nature of the forest and can be utilized to maximize the potential of the emerging bioenergy sector. On the post-beetle landscape, there are increasing amounts of dead fibre in the standing forest that are rapidly losing merchantability for traditional uses. Also there are increasing volumes of marginally economic fibre being left on cutblocks. During the consultations, the Committee received many proposals that expressed interest in gaining access to this fibre to support the emerging potential to utilize this fibre for bio-energy or other specialty uses.

Recommendation 5.2 The Committee recommends to the Legislative Assembly that the Ministry: a) Continue to pursue the development and implementation of the Receiving Licence and Supplemental Forest Licence as additional vehicles to improve utilization and maximize jobs per cubic metre of fibre.

28 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 51 of 286 ... Agenda Item # 4.1

b) Examine the potential for a fibre-based AAC pilot, while ensuring the necessary and complementary environmental standards (i.e. coarse woody debris), cut control and waste- measurement requirements are implemented concurrently and as part of the pilot. c) Review the legislation, policies and licence administrative framework to ensure optimum utilization of the forest resource while maintaining environmental standards.

Log exports During the course of the Committee’s consultations, the topic of log exports from the province was raised. The major forestry unions asked whether logs being currently exported from BC could somehow be part of the solution to future mid-term timber supply shortages in the central interior of the province.

Given that the BC interior region will soon be facing a potential 10 million cubic metres per year mid-term shortage of timber, all possible mitigation options need to be explored. The role that current timber exports from the north could play in mitigation strategies should not be overlooked.

Recommendation 5.3 The Committee recommends to the Legislative Assembly that the Ministry review current procedures to ensure that potential timber exports of fibre from Crown lands are identified to assist in mitigating mid-term timber supply in the central interior of the province.

Special Committee on Timber Supply 29 Report, August 2012

Reports to Receive Page 52 of 286 ... Agenda Item # 4.1

6. Burns Lake

In January 2012, the Babine Forest Products mill near Burns Lake was destroyed by fire.

The Committee heard a number of presentations associated with this tragic event, outlining various views about what should be done in response to the situation.

The local communities (native and non-native) lament the job loss and are looking to the Province for actions that will positively guide the mill owner’s desire to use a combination of insurance and other investment capital to rebuild the mill.

In recognition of the sensitivity of the situation in Burns Lake and the expectations for a comprehensive and timely response, this section of the report is more detailed than previous sections.

Hampton Affiliates Proposal Hampton Affiliates (hereafter referred to as Hampton), the owner of Babine Forest Products, made a strong representation to the Committee about its need for a clear, comprehensive and timely response from the Province in order to gain certain assurances that will support its efforts to rebuild the mill.

Hampton’s presentations are on the record and are clear for all to see. Its comprehensive proposal turns on a few key issues. The key issues that Hampton raised at the Burns Lake public hearing on June 18, 2012, are:

 When the epidemic started and the allowable annual cut (AAC) was increased, the residents of Burns Lake were promised they would be taken care of when the harvest levels dropped.  The Lakes Timber Supply Area’s AAC can be maintained at a million cubic metres in the short- and mid-term.  The AAC needs to be lowered to a million cubic metres immediately to conserve the green fibre that is being harvested and use this fibre for the mid-term.  Hampton’s annual licence of 450,000 cubic metres should be converted to an area-based licence north of Highway 16, where the road systems, logging infrastructure and tug and barge operations can feed the Babine Forest Products and Decker Lake mills.  The remaining annual harvest should be allocated to Burns Lake Native Development Corporation or First Nations with restrictions that the logs be delivered to Lakes District mills at fair market value.  An answer is needed by the end of August to make a multi-million-dollar commitment to machinery and perform the site prep that's necessary as the weather allows. With that timeline, construction of the sawmill can take place in 2013 and the mill can start up in early 2014.

Hampton added a further clarification at the July 11 Vancouver hearing:

30 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 53 of 286 ... Agenda Item # 4.1

 The Committee’s report should also encourage the Ministry to find other replacement licence volume for Hampton’s big competitors, near their many other sawmills in the province.

This latter comment suggests that other existing operators in the Lakes TSA should have their rights revoked and that those operators should then be given some additional harvesting rights elsewhere to compensate for the change.

Finally, it is noted that Hampton provided the Committee with a comprehensive report entitled Lakes AAC Analysis Report – Management Option Investigation.

Based on their submissions, Hampton clearly places weight on its understanding that government promised to help them when harvest levels are reduced following the AAC uplift. The balance of their expectations turns on a number of related considerations: the tragic nature of the mill fire; its associated job loss; and the need to maintain a competitively viable mill in this area.

Read in total, the two presentations that Hampton made to the Committee propose a solution for rebuilding the mill based on some key decisions that need to be made by the Province. The issues are complex and are presented here for clarity and ease of reference.

Considerations of the Committee The Committee appreciates the sensitivity of the situation in Burns Lake, and we understand and accept the need for a timely response to the Hampton proposal and the key elements that it contains.

The Committee evaluated all of the elements of the Hampton proposal. Our review was supported by analysis and advice from the Ministry that provided detailed timber supply analysis information.

Our findings are encouraging and we believe that the recommendation that we are putting forward is significant and should provide general guidance to help determine the Ministry’s actions and to assist Hampton with its important decision whether or not to rebuild the mill.

In our evaluation, we developed and assessed a number of timber supply scenarios that turned on combinations of decisions that would create different outcomes. These scenarios were assessed in an effort to determine their impact on Hampton by trying to predict the amount of volume that would be directly and indirectly available to support their operations. They were also assessed in terms of the volume that would be directly available to other operators in the area, including consideration of the potential for new First Nations licences.

The key elements that were considered in this review that would ultimately require decisions were:

 The potential contribution of marginally economic forest types to the AAC;  Other forest management considerations that influence that AAC;  The need to update the forest inventory to support a new AAC determination and the likely timing of that; and

Special Committee on Timber Supply 31 Report, August 2012

Reports to Receive Page 54 of 286 ... Agenda Item # 4.1

 Apportionment and licence award decisions that could be made by the Minister. Key considerations are options for non-replaceable forest licences and the licence offer that has been made to local First Nations The Committee supports the view that it is very possible that the mid-term timber supply could be closer to 1 million cubic metres per year rather than the 500,000 cubic metres per year that was initially forecast for the Lakes Timber Supply Area (TSA). It is important to note that we state this with full knowledge and respect for the authority that the Province’s Chief Forester has in determining allowable annual cuts. To be clear, we are not trying to predict or direct the Chief Forester. We are simply observing that there are some reasonable considerations that can lead to a higher than initially projected mid-term timber supply forecast and that these findings are encouraging.

The projection is based on information provided by both the Ministry and by Hampton. The key factors that support this higher AAC are: a partition that reflects increased utilization of marginally economic forest types; implementation of a sustained fertilization program in the Lakes TSA; and moving from spatial to non-spatial attainment of old growth targets in the TSA.

Based on our evaluation of the key elements of the Hampton proposal and our broader review and findings we offer the following recommendations.

Our response to the situation in Burns Lake Given the tragic mill fire at Babine Forest Products, there are high expectations for a timely and comprehensive response from the Committee about future fibre supply options for the area.

Expectations are high on the part of local native and non-native communities impacted by the mill fire that the Province would direct or implement actions that will give clear direction to Babine Forest Products, given their desire to rebuild the mill.

Based on the Ministry and Hampton’s analyses projecting a higher-than-originally-forecast timber supply in the Lakes TSA, the Committee makes the following recommendation that outlines a series of next steps for government to consider implementing in order to facilitate the economic recovery effort.

32 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 55 of 286 ... Agenda Item # 4.1

c) Confirm a funding allocation which is intended to be ongoing, to support a targeted fertilization program in the Lakes TSA. d) Complete a type 4 silviculture analysis for the Lakes TSA to guide the fertilization program and also to set other important silvicultural goals as well as to support setting goals for the management of wildfire risks in the TSA. e) Consider revising the Minister’s letter that expresses the social and economic objectives of the Province to emphasize the importance of maximizing volume flows in the Lakes TSA to assist with economic recovery in the area. Emphasis should be placed on the development potential of the marginally economic forest types with full consideration of their availability, given the many important non-timber objectives in the TSA. f) Update the Lakes TSA inventory in a timely and cost-effective manner, in order to support the earliest possible reconsideration of the AAC for the area. g) Expedite negotiations with Burns Lake First Nations to determine the feasibility of awarding them a licence for harvesting in the marginally economic forest types. h) Clarify whether the non-replaceable forest licence allocation will be removed from the apportionment when the licences expire. i) Retain the replaceable forest licence harvest rights of existing licensees in the TSA. j) Respond, in a manner consistent with Recommendation 5.1, to Hampton’s request for a tree farm licence when sufficient information on AAC and apportionment considerations is available.

Special Committee on Timber Supply 33 Report, August 2012

Reports to Receive Page 56 of 286 ... Agenda Item # 4.1

Summary of Recommendations

1. Preserving the Integrity of British Columbia’s Sustainable Forest Management System

Recommendation 1.1 The Committee recommends to the Legislative Assembly that the Province: a) Ensure it meets its legal consultation duty and any required accommodations when planning or implementing changes to the forest management regime in a specific area. b) Consider the expansion of First Nation tenures when contemplating material changes to the tenure system. Recommendation 1.2 The Committee recommends to the Legislative Assembly that the Ministry: a) Assess the feasibility of re-establishing the monitoring committees for land and resource management plans (LRMPs) and, if feasible, task them with conducting a time-limited review of the LRMPs and their relevance, in light of changes to the forested landscape. The appropriate role of local First Nations needs to be reviewed with them. b) Use the best available science to establish key priorities for monitoring committees to review in each management unit under LRMPs and local area plans. The purpose of the reviews is to ensure that the plans are meeting their original intent, given the changes in the forest that have occurred as a result of the mountain pine beetle epidemic. Recommendation 1.3 The Committee recommends to the Legislative Assembly that the Ministry: a) Undertake a critical assessment of the risks to certification and BC’s sustainable forest management (SFM) image prior to making any changes in response to this report. b) Ensure that proper notification and communication plans are developed where sensitive changes are considered as an appropriate response, given the wide-ranging impacts of the mountain pine beetle. Recommendation 1.4 The Committee recommends to the Legislative Assembly that the Ministry respect the important work that has been undertaken by the beetle action coalitions (BACs) and continue to support their goals and objectives by reviewing policies and programs as appropriate.

34 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 57 of 286 ... Agenda Item # 4.1

2. Land Base Issues

Recommendation 2.1 The Committee recommends to the Legislative Assembly that the Ministry: a) Review marginally economic forest types within each timber supply area (TSA) and quantify the types and areas of forest that might be justifiably included in a partition within the timber harvesting land base (THLB). b) Give consideration to revising the Minister’s letter that expresses the social and economic objectives of the Province by requesting that the Chief Forester thoroughly examine the potential of marginally economic forest types to address the harvest opportunities these stands offer. c) Review relevant policies to ensure that they encourage innovations that promote and support the utilization of marginally economic forest types. d) Consider the competing demands for any additional fibre in each unit and ensure that apportionment and allocation decisions weigh and consider those demands, including considering the opportunity that issuing new licences could represent. Recommendation 2.2 The Committee recommends to the Legislative Assembly that the Ministry: a) Design a science-based review process for local use by monitoring committees, as referenced in Recommendation 1.2 above, in the assessment of existing sensitive-area designations to ascertain if they are still defensible or whether they need to be modified; and give due consideration to any changes in technology that might help to achieve the objectives for these areas. b) Only consider harvesting sensitive areas within the timber harvesting land base (THLB) if the decision is based on the science-based review process referenced in Recommendation 2.2a above. c) Ensure that the review process is cost effective and justifiable, and that no changes are implemented in the management of sensitive areas in any area where there is a lack of general consensus. d) Conduct this review process with a view to improving overall forest management in the beetle- impacted timber supply areas. While potential changes may augment the timber supply, this is not a predictable outcome. Recommendation 2.3 Based on the analysis and information available on this topic, the Committee recommends to the Legislative Assembly that the Province not consider the amalgamation of timber supply areas. Recommendation 2.4 The Committee recommends to the Legislative Assembly that the Province review the feasibility, through business case analysis, of developing road and power-line infrastructure into currently under- developed management units affected by the mountain pine beetle as a potential mid-term timber supply mitigation action.

Special Committee on Timber Supply 35 Report, August 2012

Reports to Receive Page 58 of 286 ... Agenda Item # 4.1

3. Forest Practices Considerations

Recommendation 3.1 The Committee recommends to the Legislative Assembly that the Ministry: a) Work with industry to establish silviculture-related forest practice requirements that ensure the objectives of growing more fibre and generating more value are achieved. b) Maintain or enhance the current level of funding for the tree improvement program. c) Ensure that, with respect to partial-cutting systems, the appropriate selective-harvesting training materials are in place; survey and stocking standards are adequate; electronic data- capture systems are able to transfer efficiently the disturbance history into the forest inventory; and the growth-and-yield models used to predict timber supply from partially harvested stands are current. Recommendations 3.2 The Committee recommends to the Legislative Assembly that the Province determine the level of investment in intensive silviculture, such as fertilization, that it will sustain. The Committee further recommends to the Legislative Assembly that the Ministry: a) Place priority on completion of type 4 silvicultural strategies to guide investments in intensive silviculture in accordance with established criteria. b) Develop a strategy and objectives for re-engaging the federal government to acquire funding that will be used to help respond to the mountain pine beetle crisis. The funding would support the planning and implementation of joint federal, provincial and industry programs and partnerships in response to forest management and community challenges associated with the epidemic. c) Establish criteria for the allocation of funding for intensive silviculture on area-based tenures in order to leverage private sector investment. Recommendation 3.3 The Committee recommends to the Legislative Assembly that the Ministry: a) Continue to fund strategies and activities for the reduction of fuel in the wildland-urban interface. Where these investments reduce overall fire suppression risks and costs, then the Ministry might best fund these expenditures from the fire suppression budget, thereby reducing overall cost to the Province. b) Ensure that tenure holders help to manage fuels across the broader forest landscape in addition to the urban interface. c) Work closely with tenure holders by linking its fuel management programs to type 4 silvicultural strategies. Recommendation 3.4 The Committee recommends to the Legislative Assembly that the Ministry: a) Determine the most cost-effective means of assessing and classifying the stands that are impacted by mountain pine beetle and then implement a program for their assessment and classification.

36 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 59 of 286 ... Agenda Item # 4.1

b) Develop technical and financial criteria for stratifying NSR areas that considers among other things: i. The areas that are likely to be harvested and reforested; ii. The areas that are candidates for rehabilitation through various types of treatment to ensure their timely reforestation; and iii. The areas that should be left to recover on their own, with projected timelines for when they will become sufficiently restocked. c) Ensure that the Ministry’s plans are clear, transparent and publically communicated, and that the plans are monitored and adjusted as necessary, and changes publicly reported.

4. Other AAC‐related Issues

Recommendations 4.1 The Committee recommends to the Legislative Assembly that the Ministry: a) Prepare a position paper that: i. States the purposes, uses and objectives of the forest inventories and the many important decisions that it supports; and ii. Assesses the strengths and weaknesses of the inventories in meeting their objectives, including their current utility in supporting management priorities and strategic forest-level management decisions that need to be taken in response to the beetle epidemic. b) Review and establish forest inventory priorities for the areas affected by the mountain pine beetle and develop realistic, cost-effective budget projections required to meet them. The Committee further recommends that based on the Ministry’s review, the Province ensure that sufficient funding is provided to support the preparation of a five-year provincial inventory action plan that details how the program will meet provincial priorities, including consideration of the urgent issues emerging in the mountain pine beetle areas. Recommendation 4.2 The Committee recommends to the Legislative Assembly that the Ministry maintain current harvest flow policies and allow the Chief Forester to determine an appropriate harvest flow for each management unit during allowable annual cut (AAC) determinations. Recommendation 4.3 The Committee recommends to the Legislative Assembly that the Ministry continually review the timber supply in each management unit and advise the Chief Forester on priorities for when the next AAC allocation is required. In management units where the AAC has been previously increased to facilitate harvesting, and where lower levels of mountain pine beetle have been experienced than originally expected, the Chief Forester decide on a new AAC determination as soon as practicable.

Special Committee on Timber Supply 37 Report, August 2012

Reports to Receive Page 60 of 286 ... Agenda Item # 4.1

5. Forest Tenure Issues and Interests

Recommendation 5.1 Given the history of area-based tenure management in British Columbia and elsewhere in Canada, the Committee recommends to the Legislative Assembly that the Ministry: a) Gradually increase the diversity of area-based tenures, using established criteria for conversion and a walk-before-you-run approach. b) If conversion to more area-based tenures is desirable, give consideration to incorporating a take- back-volume provision, or some equivalent public benefit, on conversion to area-based rights and reallocating that volume to First Nation and/or community area-based tenures. c) Before considering a conversion of a licensee’s renewable volume-based tenures in whole, or in part, rigorously evaluate: the licensee’s past performance; their commitment to sustainable forest management; their commitment to investment in forest management including, but not limited to, silvicultural investments; and community and First Nations support for conversion through a process of public consultation. Recommendation 5.2 The Committee recommends to the Legislative Assembly that the Ministry: a) Continue to pursue the development and implementation of the Receiving Licence and Supplemental Forest Licence as additional vehicles to improve utilization and maximize jobs per cubic metre of fibre. b) Examine the potential for a fibre-based AAC pilot, while ensuring the necessary and complementary environmental standards (i.e. coarse woody debris), cut control and waste- measurement requirements are implemented concurrently and as part of the pilot. c) Review the legislation, policies and licence administrative framework to ensure optimum utilization of the forest resource while maintaining environmental standards.

38 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 61 of 286 ... Agenda Item # 4.1

6. Burns Lake

Recommendation 6.1 The Committee recommends to the Legislative Assembly that the Ministry: a) Direct that a reconvened local planning table, with appropriate membership, evaluate, consider the appropriateness, and make recommendations on non-spatial management of old growth in the TSA, in a manner consistent with Recommendation 2.2 above. b) Direct that alterations to the management of visual quality objectives and other sensitive areas in the Lakes TSA are not recommended for review at this time, unless there is absolute agreement by the reconvened planning table to do so. This holds true for any other elements of the Lakes TSA land and resource management plan. c) Confirm a funding allocation which is intended to be ongoing, to support a targeted fertilization program in the Lakes TSA. d) Complete a type 4 silviculture analysis for the Lakes TSA to guide the fertilization program and also to set other important silvicultural goals as well as to support setting goals for the management of wildfire risks in the TSA. e) Consider revising the Minister’s letter that expresses the social and economic objectives of the Province to emphasize the importance of maximizing volume flows in the Lakes TSA to assist with economic recovery in the area. Emphasis should be placed on the development potential of the marginally economic forest types with full consideration of their availability, given the many important non-timber objectives in the TSA. f) Update the Lakes TSA inventory in a timely and cost-effective manner, in order to support the earliest possible reconsideration of the AAC for the area. g) Expedite negotiations with Burns Lake First Nations to determine the feasibility of awarding them a licence for harvesting in the marginally economic forest types. h) Clarify whether the non-replaceable forest licence allocation will be removed from the apportionment when the licences expire. i) Retain the replaceable forest licence harvest rights of existing licensees in the TSA. j) Respond, in a manner consistent with Recommendation 5.1, to Hampton’s request for a tree farm licence when sufficient information on AAC and apportionment considerations is available.

Special Committee on Timber Supply 39 Report, August 2012

Reports to Receive Page 62 of 286 ... Agenda Item # 4.1

References

Royal Commissions

Royal Commission on Forest Resources (Pearse Commission). Timber Rights and Forest Policy in British Columbia, 1976.

Royal Commission on Forest Resources (Sloan Commission). Report of the Commissioner Relating to the Forest Resources of British Columbia, 1945; Report of the Commissioner Relating to the Forest Resources of British Columbia, 1956.

Reports

Association of BC Forest Professionals. Assessment of the Status of Forest Inventories in British Columbia: An Update to the 2006 ABCFP Review, December 2011.

Forest Practices Board. Conserving Old Growth Forests in B.C. – Special Investigation, June 2012.

______. How Much of British Columbia’s Forest is Not Satisfactorily Restocked? Special Report, June 2012.

______. Reporting the Results of Forestry Activities: Compliance with Section 86 of the Forest Planning and Practices Regulation, November 2011.

Ministry of Forests, Lands and Natural Resource Operations (FLNRO). Growing Opportunities: A New Vision for Silviculture in British Columbia (Discussion Paper), March 2009.

FLNRO, Working Roundtable on Forestry. Moving Toward a High Value, Globally Competitive, Sustainable Forest Industry, March 2009.

Office of the Auditor General of British Columbia. An Audit of the Ministry of Forests, Lands and Natural Resource Operations’ Management of Timber, February 2012.

40 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 63 of 286 ... Agenda Item # 4.1

Ministry of Forests, Lands and Natural Resource Operations (FLNRO) Resource Materials

Technical Briefings:  Land Use Planning and Timber Constraints, May 31, 2012 (Victoria) and June 4, 2012 (Vancouver).  Mountain Pine Beetle Epidemic Response, June 4, 2012 (Vancouver).  BC’s Mountain Pine Beetle Epidemic: Current Status and Projections, June 4, 2012 (Vancouver).  Mid-term Timber Supply Mitigation Considerations, June 5, 2012 (Vancouver).

TSA Summaries:  100 Mile House Timber Supply Area, June 11, 2012.  Bulkley Timber Supply Area, June 8, 2012.  Kamloops Timber Supply Area, June 11, 2012.  Lakes Timber Supply Area, June 8, 2012.  Mackenzie Timber Supply Area, June 8, 2012.  Merritt Timber Supply Area, June 11, 2012.  Morice Timber Supply Area, June 8, 2012.  Prince George Timber Supply Area, June 8, 2012.  Quesnel Timber Supply Area, June 11, 2012.  Robson Valley Timber Supply Area, June 8, 2012.  Williams Lake Timber Supply Area, June 11, 2012.

Resource Value Assessments:  Access Management – Resource Roads, June 11, 2012.  Biodiversity, June 11, 2012.  Cariboo-Chilcotin Land Use Plan, June 11, 2012.  Hydrology, June 11, 2012.  Landscape Biodiversity – Large Openings, June 11, 2012.  Mountain Caribou, June 11, 2012.  Non-Spatial Landscape Biodiversity Objectives for Prince George TSA, June 11, 2012.  Northern Caribou, June 11, 2012.  Old Growth, June 11, 2012.  Recreation, June 11, 2012.

Special Committee on Timber Supply 41 Report, August 2012

Reports to Receive Page 64 of 286 ... Agenda Item # 4.1

 Riparian Management Areas, June 11, 2012.  Secondary Stand Structure, June 11, 2012.  Species at Risk, June 11, 2012.  Ungulate Winter Range, June 11, 2012.  Visual Quality, June 11, 2012.  Wildlife Habitat Areas, June 11, 2012.  Wildlife, June 11, 2012.

Reports:  Forest Health Implications for Mid-Term Supply, June 2012.  Overview of BC Forest Tenures, June 4, 2012.  Timber Tenures Report, June 4, 2012.

Additional Background Documents:  Mid-term Timber Supply Business Values Assessments: Sustainable Forest Management Certification, June 11, 2012.  Forest Health Implications for Mid-Term Timber Supply, June 2012.  Timber Tenures in British Columbia, June 2012.  Mid-Term Timber Supply Glossary of Terms, June 2012.

42 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 65 of 286 ... Agenda Item # 4.1

Appendix A: Brief Glossary of Forestry Terms

allowable annual cut (AAC): Rate of timber harvest permitted each year from a specified area of land. area-based tenures: Area-based tenures grant a licensee virtually exclusive rights to harvest timber within a specified area. (see volume-based tenure) BC Timber Sales (BCTS): BC Timber Sales was founded in 2003 with a mandate to provide the cost and price benchmarks for timber harvested from public land in British Columbia. It manages some 20% of the provincial Crown allowable annual cut. Beetle Action Coalitions (BACs): Three coalitions in the Cariboo-Chilcotin, Omineca and Southern Interior that have prepared regional-scale strategies and implemented mitigation plans in response to the mountain pine beetle epidemic. biodiversity: The biological diversity of plants, animals and other living organisms in all their forms and levels of organization, including the biological diversity of genes, species and ecosystems. Chief Forester (CF): An independent position appointed by order in council who determines an allowable annual cut for each timber supply area and tree farm licence at least once every 10 years. coarse woody debris (CWD): Logs and stumps that provide habitat for plants, animals and insects, and a source of nutrients for soil development. commercial thinning: A silviculture treatment where trees large enough to be sold as products, such as poles or fence posts, are removed from an overstocked stand to improve the health and growth rate of the remaining trees. community forest agreement: An area-based tenure that grants exclusive rights to a First Nation, municipality or regional district to harvest an allowable annual cut for a specific area. As of January 2012, about 1.28 million hectares were being managed as community forests. There are currently 47 active community forests in British Columbia and another nine communities in the application process. Burns Lake Community Forest was offered the first 25-year licence in September 2004. cutblock: A specific area, with defined boundaries, authorized for harvest. cutblock adjacency: Requiring that recently harvested areas must achieve a desired condition (green-up) before nearby or adjacent areas can be harvested. falldown: Government issued allowable annual cut uplifts in response to the mountain pine beetle so more trees could be harvested while they maintain economic value. Now that much of the dead pine has been harvested, there will be a reduction, or falldown, reducing the harvest. (see uplift) Forest and Range Practices Act: The Forest and Range Practices Act and its regulations govern the activities of forest and range licensees in British Columbia, setting requirements for planning, road building, logging, reforestation, and grazing.

Special Committee on Timber Supply 43 Report, August 2012

Reports to Receive Page 66 of 286 ... Agenda Item # 4.1

Forests for Tomorrow: A Ministry of Forests, Lands and Natural Resource Operations program set up in 2005 to improve future timber supplies and ecosystems through investments in seed and seedling production, site preparation, planting and fertilization, surveying, mapping, and research. The program, introduced in response to catastrophic wildfires and the mountain pine beetle epidemic, aims to strengthen the resilience of B.C.’s forests to climate change and natural disturbances. forest inventory: An accounting of the trees and other land cover in British Columbia’s forests. The forest inventory includes computerized maps and a database describing the location and nature of forest cover, including size, age, timber volume, and species composition. fuel management: The process of modifying forest and range fuels (trees, low branches, needles, and woody debris) to achieve specific land management objectives, including managing forest fuels in and around communities in order to reduce the potential for devastating wildfires. growing stock: The volume estimate for all standing timber at a particular time. growth and yield: Growth and yield is focused on describing how individual stands of trees change with time, primarily through processes of tree species reproduction, establishment, growth, mortality and interaction. harvest forecast: A measure of the maximum timber supply that can be realized over time for a specified land base and set of management practices. The result of forest planning models, it is affected by size and productivity of the land base; current growing stock; and management objectives, constraints and assumptions. improved stock: Trees selected from the natural population with better than average characteristics such as growth rates. inoperable areas: Areas defined as unavailable for harvest for terrain-related or economic reasons such as distance from processing facilities, existing roads, difficulty of road access, and availability of suitable timber. This can change over time with changing harvesting technology and economics. integrated resource management: The identification and consideration of all resource values, including social, economic and environmental needs, in resource planning and decision-making. land and resource management plan (LRMP): A strategic, multi-agency, integrated resource plan at the sub-regional level based on the principles of enhanced public involvement, consideration of all resource values, consensus-based decision making, and resource sustainability. Land-Based Investment Strategy: A strategy to guide investments in British Columbia’s natural resources such as reforestation and tree improvement to realize environmental sustainability and economic prosperity. landscape-level biodiversity: The Landscape Unit Planning Guide provides objectives for maintaining biodiversity at both the landscape level and the stand level. At the landscape level, guidelines are provided for the maintenance of seral stage distribution, patch size distribution and landscape connectivity. (see stand-level biodiversity)

44 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 67 of 286 ... Agenda Item # 4.1

landscape unit: A planning area based on topographic or geographic features, that is appropriately sized (up to 100,000 hectares), and designed for application of landscape-level biodiversity objectives. land use planning (LUP): The process of inventorying and assessing the status, potential, and limitations of a particular geographic area (the land base) and its resources, with a view to planning and managing these resources to satisfy human needs now and in the future. long-term harvest level: A harvest level that can be maintained indefinitely. marginally economic forest types: Stands that are accessible and otherwise available for harvesting but are non-merchantable because of small piece size, incidence of decay, species composition and low stocking. mid-term timber supply: The mid-term timber supply is the amount of timber available for harvest in the next 20 to 60 years. Most of these trees are already growing – actions such as fertilization and thinning can help them grow faster and stronger. Trees planted now will make up the long-term timber supply. minimum harvestable age: The age at which a stand of trees is expected to achieve a merchantable condition. Ministry of Forests, Lands and Natural Resource Operations (Ministry) mountain pine beetle (MPB): Mountain pine beetles are a natural part of the ecosystem in British Columbia’s interior forests. They attack mature pine trees by laying eggs under the bark. When the eggs hatch, the larvae mine the phloem area beneath the bark and eventually cut off the tree’s supply of nutrients. non-spatial: Setting a target percentage within a geographic unit rather than setting aside a specific area for retention of values such as old growth. (see spatial) non-timber forest products: Products of biological origin other than wood derived from forests, other wooded land and trees outside forests such as forest plants and mushrooms. not sufficiently restocked (NSR): An area not covered by a sufficient number of well-spaced trees of desirable species according to stocking standards set by the British Columbia Forest Service. old-growth forest: A forest with live and dead trees of various sizes, species, composition, and age class structure. Old-growth forests are part of a slowly changing but dynamic ecosystem; the age and structure vary significantly by forest type. old growth management areas (OGMAs): Areas that contain, or are managed to replace, specific structural old-growth attributes and that are identified as special management areas. They are currently established under the Land Act, and timber harvesting is generally avoided in designated old growth management areas. partition: A portion of the allowable annual cut that is attributable to certain types of timber and/or terrain.

Special Committee on Timber Supply 45 Report, August 2012

Reports to Receive Page 68 of 286 ... Agenda Item # 4.1

protected area: A designation for areas of land and water set aside to protect natural heritage, cultural heritage or recreational values (may include national park, provincial park, or ecological reserve designations). recreation sites and trails: Recreation sites and trails on Crown lands outside parks and municipalities managed by Recreation Sites and Trails BC, a branch of the Ministry of Forests, Lands and Natural Resource Operations. riparian management zone: An area (of specified width) required to be established under the Forest and Range Practices Act adjacent to certain streams, wetlands and lakes in order to protect the riparian reserve zone. Forest practices are permitted but are governed by regulation and site specific situations. riparian reserve zone: An area (of specified width) required to be established under the Forest and Range Practices Act adjacent to certain streams, wetlands and lakes where forest practices, including road construction are restricted. set aside area: An area where there is no harvesting on a temporary or permanent basis to protect values such as water quality, scenery, recreation, animal migration or range. shelf life: The length of time wood from trees killed by mountain pine beetles retains at least minimum qualities of a sawlog. It depends on a number of economic and stand site conditions – for example, trees retain their value longer under drier conditions. silvicultural treatments: Activities that ensure regeneration of young forests on harvested areas, enhance tree growth or improve wood quality in selected stands such as site rehabilitation and preparation, planting, spacing, fertilization and pruning. spatial: An area set aside for specific values, e.g. old growth management areas or wildlife habitat areas. (see non-spatial) stand-level biodiversity: A stand is a relatively localized and homogeneous land unit that can be managed using a single set of treatments. In stands, objectives for biodiversity are met by maintaining specified stand structure (wildlife trees or patches), vegetation species composition and coarse woody debris levels. (see landscape-level biodiversity) sustainable forest management certification: There are three certification programs used in British Columbia – Canadian Standards Association, Forest Stewardship Council and Sustainable Forestry Initiative. All ensure that harvested areas are reforested, that laws are obeyed and that there is no unauthorized or illegal logging. All go beyond this by requiring that biological diversity is conserved; wildlife habitat, soils and water resources are maintained, and timber harvesting is sustainable. timber harvesting land base (THLB): Crown forest land within a timber supply area where timber harvesting is considered both acceptable and economically feasible, given objectives for all relevant forest values, existing timber quality, market values and applicable technology. timber supply: The amount of timber that is forecast to be available for harvesting over a specified time period, under a particular management regime.

46 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 69 of 286 ... Agenda Item # 4.1

timber supply area (TSA): An integrated resource management unit established in accordance with Section 7 of the Forest Act. timber supply review (TSR): The timber supply review program began in 1992 to update British Columbia’s timber supply regularly in each of 37 timber supply areas and 34 tree farm licences. timber tenures: Government transfers specific rights to use Crown, or public, forest and range land and resources to others through tenure agreements that can take the form of an agreement, licence or permit. The contract holder has specific rights to use public forests over a specific period of time, in exchange for meeting government objectives, including forest management obligations and the payment of fees including stumpage. tree farm licence (TFL): A licence area made up of private and Crown lands where a licensee has a nearly exclusive right to manage forests and to harvest an allowable annual cut. type 4 silviculture strategy: A comprehensive TSA level plan that identifies key objectives pertaining to an area. These strategies identify key harvesting and silviculture strategies to achieve timber and non-timber objectives. The strategies will provide direction regarding species selection, landscape level retention, harvesting priorities, climate change and other key local concerns. They also provide key priorities and a five-year plan for the Forest For Tomorrow activities. uneconomic areas: Areas defined as unavailable for harvest for economic or terrain-related reasons. Characteristics used in defining uneconomic areas include distance from processing facilities, existing roads, difficulty of road access, and availability of suitable timber. Areas considered uneconomic can change over time as a function of changing harvesting technology and economics. ungulate winter range (UWR): Designated area under the Forest and Range Practices Act identified as being necessary for the winter survival of an ungulate species such as moose, deer, caribou and mountain goats. unsalvaged losses: The volume of timber killed or damaged annually by natural causes (e.g., fire, wind, insects and disease) that is not harvested. uplift: Government issued allowable annual cut uplifts in response to the mountain pine beetle so more trees could be harvested while they maintain economic value. Now that much of the dead pine has been harvested, there will be a reduction, or fall down, reducing the harvest. (see falldown) visual quality objective (VQO): Defines a level of acceptable landscape alteration resulting from timber harvesting and other activities. A number of visual quality classes have been defined on the basis of the maximum amount of alteration permitted. volume-based tenures: Volume-based tenures grant licensees the right to harvest a certain amount of timber within a specified timber supply area, allowing several licensees to operate in the same management unit. (see area-based tenures) volume estimates: Estimates of yields from forest stands over time. Yield projections can be developed for stand volume, stand diameter or specific products, and for empirical (average stocking), normal (optimal stocking) or managed stands.

Special Committee on Timber Supply 47 Report, August 2012

Reports to Receive Page 70 of 286 ... Agenda Item # 4.1

watershed: An area drained by a stream or river. A large watershed may contain several smaller watersheds. wildlife habitat areas (WHAs): Mapped areas designed to protect sites needed for species or community survival such as hibernation dens, nesting sites or migration areas. wildlife tree patch (WTP): Special areas set aside from harvesting to retain and encourage wildlife and biological diversity. They may contain one or several trees.

48 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 71 of 286 ... Agenda Item # 4.1

Appendix B: List of Participants

First Nations

Adams Lake Indian Band, Dave Nordquist, 12-Jul-12 Okanagan Nation Alliance, James Pepper, 12-Jul-12 (Kamloops) (Kamloops) Burns Lake Band (Ts’il Kaz Koh First Nation), Chief Saik'uz First Nation, Chief Jackie Thomas, 20-Jun-12 Albert Gerow, Councillor Dan George, 19-Jun-12 (Vanderhoof) (Burns Lake) Simpcw First Nation, Nathan Matthew, 12-Jul-12 Canim Lake Band, Chief Mike Archie, Councillor Don (Kamloops) Dixon, John Kalmikoff, 05-Jul-12 (100 Mile House) Takla Lake First Nation, Chief Dolly Abraham, Cheslatta Carrier Nation, Chief Richard Peters, Mike Councillor Elke Lepka, 20-Jun-12 (Fort St. James) Robertson, 19-Jun-12 (Burns Lake) Tl'azt'en Nation, Vanessa Joseph, Renel Mitchell, 20- Esk'etemc First Nation, Chief Fred Robbins, Irvine Jun-12 (Fort St. James) Johnson, 05-Jul-12 (Williams Lake) Toosey Indian Band, Chief Francis Laceese, 05-Jul-12 Kamloops (Tk’emlúps) Indian Band, Chief Shane (Williams Lake) Gottfriedson, 12-Jul-12 (Kamloops) Tsilhqot'in National Government, Sam Zirnhelt, 05- Lake Babine Nation, Chief Wilf Adam, 19-Jun-12 Jul-12 (Williams Lake) (Burns Lake) Ulkatcho First Nation, Chief Zack Parker, Gary Arnold, Lheidli T'enneh First Nation, Chief Dominic Frederick, 05-Jul-12 (Williams Lake) Lowell Johnson, 06-Jul-12 (Prince George) Xaxli'p First Nation, Councillor Howard Bob, Andrea Lillooet Tribal Council, Matt Manuel, 12-Jul-12 Forney, 12-Jul-12 (Merritt) (Merritt) Xeni Gwet'in, Chief Marilyn Baptiste, 05-Jul-12 McLeod Lake Indian Band, Chief Derek Orr, Tanner (Williams Lake) Elton, 11-Jul-12 (Vancouver) Canoe Creek Band (Stswecem’c Xgat’tem First Nation), Nak'azdli Band, Councillor Carl Leon, Leonard Chief David Archie (Written Submission) Thomas, 20-Jun-12 (Fort St. James) Nooaitch Indian Band, Rod Gatenby (Written Nazko First Nation, Gerry Powell, 06-Jul-12 (Quesnel) Submission) Neskonlith Indian Band, Chief Judy Wilson, Al Delisle, Soda Creek Indian Band (Xats’ull First Nation), Jacinda 12-Jul-12 (Kamloops) Mack (Written Submission) Nicola Tribal Association, Natasha Fountain, 12-Jul-12 Williams Lake Indian Band, Chief Ann C. Louie (Merritt) (Written Submission) Nicola Tribes, Councillor Lennard Joe, 12-Jul-12 (Merritt)

Local Government

Bulkley-Nechako Regional District, Tom Greenaway, Thompson-Nicola Regional District, Randy Murray, 20-Jun-12 (Fort St. James), Bill Miller, 19-Jun-12 12-Jul-12 (Kamloops) (Burns Lake) and 19-Jun-12 (Fraser Lake) City of Kamloops, Mayor Peter Milobar, 12-Jul-12 Cariboo Regional District, Janis Bell, John Massier, Al (Kamloops) Richmond, 05-Jul-12 (100 Mile House) City of Merritt, Mayor Susan Roline, 12-Jul-12 Fraser-Fort George Regional District, Lara Beckett, (Merritt) Terry Burgess, Kevin Dunphy, Art Kaehn, Terry City of Prince George, Mayor Shari Green, Councillor McEachen, 06-Jul-12 (Prince George) Frank Everitt, 21-Jun-12 (Prince George)

Special Committee on Timber Supply 49 Report, August 2012

Reports to Receive Page 72 of 286 ... Agenda Item # 4.1

City of Quesnel, Mayor Mary Sjostrom, Councillor District of Vanderhoof, Mayor Gerry Thiessen, Laurey-Anne Roodenburg, Kari Bolton, Ed Coleman, Councillor Louise Levy, Councillor Kevin Moutray, 06-Jul-12 (Quesnel) 20-Jun-12 (Vanderhoof) City of Williams Lake, Mayor Kerry Cook, Alan Town of Smithers, Mayor Taylor Bachrach, Councillor Madrigga, Brian McNaughton, 05-Jul-12 (Williams Phil Brienesse, Councillor Bill Goodacre, Councillor Lake) Charlie Northrup, 18-Jun-12 (Smithers) District of 100 Mile House, Mayor Mitch Campsall, Village of Burns Lake, Mayor Luke Strimbold, Councillor Bill Hadden, 05-Jul-12 (100 Mile House) Councillor Quinten Beach, 19-Jun-12 (Burns Lake) District of Clearwater, Mayor John Harwood, Village of Fraser Lake, Mayor Dwayne Lindstrom, Councillor Jon Kreke, Leslie Groulx, 12-Jul-12 Councillor Daniel Duncan, Councillor Kerry Jantz, (Kamloops) 19-Jun-12 (Fraser Lake) District of Fort St. James, Mayor Rob MacDougall, Village of McBride, Councillor Raj Basran, Marc von Ross Hamilton, 20-Jun-12 (Fort St. James) der Gonna, 22-Jun-12 (McBride) District of Houston, Mayor Bill Holmberg, Councillor Village of Valemount, Mayor Andru McCracken, Shane Jonathan Van Barneveld 18-Jun-12 (Houston) Bressette, 22-Jun-12 (Valemount) District of Mackenzie, Mayor Stephanie Killam, 21-Jun- Village of Telkwa, Councillor Rimas Zitkauskas 12 (Mackenzie) (Written Submission)

Public Hearing Presentations

Ainsworth Engineered Canada LP, Chad Eisner, Mike BC Industry Working Group, David Gandossi, Kelly Kennedy, Rick Takagi, 05-Jul-12 (100 Mile House) McCloskey, Ric Slaco, John Talbot, 09-Jul-12 AltaGas, Chris Doyle, Roger Harris, 19-Jun-12 (Burns (Vancouver) Lake) BC Wildlife Federation, Doug Janz, 10-Jul-12 Ancient Forest Alliance, Larry Gardner, Ken Wu, 11- (Vancouver) Jul-12 (Vancouver) Michael Beauclair, 12-Jul-12 (Merritt) Apollo Forest Products Ltd., Bruce McLean, Greg Alan Burger, 12-Jul-12 (Merritt) Stewart, 20-Jun-12 (Fort St. James) Burns Lake and District Chamber of Commerce, Ron Bill Arnold, 22-Jun-12 (McBride) Zayac, 19-Jun-12 (Burns Lake) Aspenware, Brian McNaughton, 05-Jul-12 (Williams Burns Lake Native Development Corporation, Chief Lake) Albert Gerow, 11-Jul-12 (Vancouver) Association of BC Forest Professionals, Mike Larock, Kaitlyn Bysouth, 19-Jun-12 (Burns Lake) Steve Lorimer, 09-Jul-12 (Vancouver) Mauro Calabrese, 05-Jul-12 (Williams Lake) Association of Professional Biology, Pamela Zevit, 10- Canadian Centre for Policy Alternatives - BC Office, Jul-12 (Vancouver) Ben Parfitt, 11-Jul-12 (Vancouver) BC Wildlife Federation, Region 7A, Wayne Salewski, Canadian Forest Products Ltd., Mark Feldinger, Don 20-Jun-12 (Vanderhoof) Kayne, 09-Jul-12 (Vancouver) Backcountry Lodges of BC Association, Bonnie Hooge, Cariboo Chilcotin Conservation Society, Martin Kruus, 06-Jul-12 (Prince George) 05-Jul-12 (Williams Lake) Backcountry Lodges of BC Association, Brad Harrison, Cariboo Chilcotin Regional Resource Committee, 12-Jul-12 (Kamloops) Petrus Rykes, 05-Jul-12 (100 Mile House) BC Cattlemen's Association, Kevin Boone, Dave Cariboo Pulp and Paper Co., Bruce Eby, 06-Jul-12 Haywood-Farmer, 12-Jul-12 (Kamloops) (Quesnel) BC Community Forest Association, Kevin Davie, Marc Cariboo-Chilcotin Beetle Action Coalition, Guenter von der Gonna, 09-Jul-12 (Vancouver) Weckerle, 05-Jul-12 (100 Mile House)

50 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 73 of 286 ... Agenda Item # 4.1

Cariboo-Chilcotin Guide Outfitters Association, Stuart ForestEthics Solutions Society, Valerie Langer, 09-Jul- Maitland, 05-Jul-12 (100 Mile House) 12 (Vancouver) Carrier Lumber Ltd., Kevin Bedford, 06-Jul-12 (Prince Fraser Headwaters Alliance, Roy Howard, 22-Jun-12 George) (McBride) Caverhill Lodge Inc., Larry Loney, 12-Jul-12 Fraser Lake Sawmills, Jim Magowan, 19-Jun-12 (Fraser (Kamloops) Lake) Central Interior Logging Association; Interior Logging Friends of Ecological Reserves, Mike Fenger, 10-Jul-12 Association, MaryAnne Arcand, 11-Jul-12 (Vancouver) (Vancouver) Miles Fuller, 19-Jun-12 (Burns Lake) Bob Clark, 06-Jul-12 (Prince George) Future Forest Ecosystem Scientific Council, Dr. Sybille Ed Coleman, 06-Jul-12 (Quesnel) Haeussler, 18-Jun-12 (Smithers) College of New Caledonia - Lakes District Campus, Douglas Gook, 06-Jul-12 (Quesnel) Cathy Ashurst, Joan Ragsdale, 19-Jun-12 (Burns Keith Gordon, 20-Jun-12 (Fort St. James) Lake) Lee Granberg, 05-Jul-12 (100 Mile House) and 12-Jul- Communications, Energy and Paperworkers Union, 12 (Merritt) Mark Cameron, 10-Jul-12 (Vancouver) Hampton Lumber Mills, Richard Vossen, Steve Zika, Conifex Timber Inc., Tony Madia, Ken Shields, Kalen 19-Jun-12 (Burns Lake) and 11-Jul-12 (Vancouver) Uhrich, 11-Jul-12 (Vancouver) Doramy Havens, 06-Jul-12 (Quesnel) Grant Conlon, 19-Jun-12 (Burns Lake) Healthy Forests-Healthy Communites, Bill Bourgeois, Council of Forest Industries, Doug Routledge, 11-Jul- 09-Jul-12 (Vancouver) 12 (Vancouver) Anne Hetherington, 18-Jun-12 (Smithers) Floyd Crowley, 06-Jul-12 (Prince George) Ken Hodges, 21-Jun-12 (Prince George) Sean Curry, 12-Jul-12 (Kamloops) Gunter Hoehne, 19-Jun-12 (Burns Lake) Dave Daust, 18-Jun-12 (Smithers) Vicky Husband, 09-Jul-12 (Vancouver) Jim Davidson, 18-Jun-12 (Smithers) Interfor, Ric Slaco, 10-Jul-12 (Vancouver) Nathan Davis, 05-Jul-12 (Williams Lake) Interior Lumber Manufacturers Association, Jim Ken Day, 05-Jul-12 (Williams Lake) Hackett, Mark Semeniuk, 10-Jul-12 (Vancouver) Mike Dunbar, 18-Jun-12 (Houston) Itcha Mountain Outfitters Ltd., Stewart Fraser, 06-Jul- Dunkley Lumber Ltd., Blair Mayes, Doug Perdue, 20- 12 (Quesnel) Jun-12 (Fort St. James) Bruce Johnston, 06-Jul-12 (Quesnel) Dunkley Lumber Ltd., Jason Fisher, Doug Perdue, 11- David Jorgenson, 06-Jul-12 (Quesnel) Jul-12 (Vancouver) Virginia Karr, 22-Jun-12 (McBride) Echo Valley Ranch and Spa, Alan Pineo, 05-Jul-12 (100 Dave King, 21-Jun-12 (Prince George) Mile House) L & M Lumber Ltd., Alan Fitzpatrick, David Watt, 09- Federation of BC Woodlot Associations, Mark Clark, Jul-12 (Vancouver) Brian McNaughton, 10-Jul-12 (Vancouver) Likely Xats'ull Community Forest, Robin Hood, 05-Jul- Neil Findlay, 12-Jul-12 (Kamloops) 12 (Williams Lake) Forest Fibre Alliance of BC, Brad Bennett, Jim Burbee, Logan Lake Community Forest Corporation, Don Mike Kennedy, 09-Jul-12 (Vancouver) Brown, 12-Jul-12 (Merritt) Forest Genetics Council of BC, Jack Woods, 11-Jul-12 Dennis Loxton, 06-Jul-12 (Prince George) (Vancouver) Mary MacDonald, 21-Jun-12 (Prince George) Forest Stewardship Council Canada, Satnam Manhas, Mackenzie Fibre Management Corporation, Mac Orrin Quinn, 10-Jul-12 (Vancouver) Anderson, 21-Jun-12 (Mackenzie) and 11-Jul-12 ForestEthics Advocacy Association, Nikki Skuce, 18- (Vancouver) Jun-12 (Smithers) Cliff Manning, 19-Jun-12 (Burns Lake) John Massier, 06-Jul-12 (Quesnel)

Special Committee on Timber Supply 51 Report, August 2012

Reports to Receive Page 74 of 286 ... Agenda Item # 4.1

Lisa Matthaus, 11-Jul-12 (Vancouver) Gene Runtz, 22-Jun-12 (McBride) Dave Mayer, 18-Jun-12 (Smithers) Salmon River Farmers Institute, Aime Cheramy, 21- Gordon McFee, 19-Jun-12 (Burns Lake) Jun-12 (Prince George) McMillan Creek Farmers and Women's Institute of Juha Salokannel, 20-Jun-12 (Fort St. James) Prince George, Mike Johnson, 21-Jun-12 (Prince Elizabeth Salomon-de-Friedberg, 12-Jul-12 (Merritt) George) Peter Sanders, 05-Jul-12 (100 Mile House) Ministry of Forests, Lands and Natural Resource Randy Saugstad, 05-Jul-12 (Williams Lake) Operations, Josh Pressey, 18-Jun-12 (Houston) Svend Serup, 21-Jun-12 (Prince George) Ministry of Forests, Lands and Natural Resource Shuswap Environmental Action Society, Jim Operations, Debbie Janning-Stewart, 19-Jun-12 Cooperman, 12-Jul-12 (Kamloops) (Burns Lake) Sierra Club BC, Jens Wieting, 11-Jul-12 (Vancouver) Bob Mitchell, 18-Jun-12 (Smithers) Sinclar Group Forest Products Ltd., Bruce McLean, Bryan Monroe, 22-Jun-12 (McBride) Greg Stewart, 21-Jun-12 (Prince George) Robert and Rosanne Murray, 19-Jun-12 (Burns Lake) Skeena-Nass Centre for Innovation in Resource Nechako Lodge and Aviation, Elisabeth Doerig, 20-Jun- Economics, Steve Osborn, 18-Jun-12 (Smithers) 12 (Vanderhoof) South Cariboo Trappers Association, Judy Banas, Paul Nechako Retreat, Denis Wood, 20-Jun-12 Blackwell, 05-Jul-12 (100 Mile House) (Vanderhoof) Southern Interior Beetle Action Coalition, Rob Gay, Kim Newsted, 05-Jul-12 (Williams Lake) Rhona Martin, 12-Jul-12 (Kamloops) Northern Bioenergy Partnership, Dr. Charles Jago, James Steidle, 21-Jun-12 (Prince George) Elissa Meiklem, 06-Jul-12 (Prince George) Dave Stevens, 18-Jun-12 (Smithers) Chris O'Connor, 12-Jul-12 (Merritt) Strive Energy Services, Greg Farney, 19-Jun-12 (Fraser Denis O'Gorman, 12-Jul-12 (Merritt) Lake) Outdoor Recreation Council of BC, Howard Harshaw, Tl'oh Forest Products LP; Ta Da Chun Timber, Laura 10-Jul-12 (Vancouver) Chernowski, 20-Jun-12 (Fort St. James) Pacific BioEnergy Corporation, Brad Bennett, 06-Jul-12 Tolko Industries Ltd., Tom Hoffman, 05-Jul-12 (100 (Quesnel) and 09-Jul-12 (Vancouver) Mile House) Paper Excellence Canada Holding Corp., Darren Carter, Tolko Industries Ltd., Bob Fleet, 11-Jul-12 (Vancouver) Andreas Kammenos, 11-Jul-12 (Vancouver) Ray Travers, 09-Jul-12 (Vancouver) Terry Park, 18-Jun-12 (Houston) United Steelworkers Union, Frank Everitt, Brian Chris Paulson, 19-Jun-12 (Burns Lake) O'Rourke, 19-Jun-12 (Burns Lake) Jane Perry, 05-Jul-12 (Williams Lake) United Steelworkers Wood Council, Bob Matters, 11- Jim Pojar, 18-Jun-12 (Smithers) Jul-12 (Vancouver) Klaus Posselt, 19-Jun-12 (Burns Lake) United Steelworkers, Local 1-425, Bob Macnair, 05-Jul- Private Forest Landowners Association, Rod Bealing, 12 (Williams Lake) 11-Jul-12 (Vancouver) University of Northern British Columbia, Darwyn Pulp, Paper and Woodworkers of Canada, Arnold Coxson, 21-Jun-12 (Prince George) Bercov, 06-Jul-12 (Prince George) Upper Nechako Wilderness Council, Dan Brooks, 20- Dave Radies, 21-Jun-12 (Prince George) Jun-12 (Vanderhoof) Tammy Rancourt, 21-Jun-12 (Mackenzie) Vanderhoof Specialty Wood Products, Paul Heit, 20- Wayne Ray, 20-Jun-12 (Vanderhoof) Jun-12 (Vanderhoof) Resources North Association, Melanie Karjala, 06-Jul-12 Carl vanderMark, 18-Jun-12 (Houston) (Prince George) Len Vanderstar, 18-Jun-12 (Smithers) RiverCity Fibre, Chris Ortner, Cliff Ramsay, 12-Jul-12 Ken Waite, 05-Jul-12 (100 Mile House) (Kamloops) West Chilcotin Tourism Association, Bil Van Es, 05- Allyson Rogers, 05-Jul-12 (100 Mile House) Jul-12 (100 Mile House)

52 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 75 of 286 ... Agenda Item # 4.1

West Coast Environmental Law, Jessica Clogg, 10-Jul- Wilderness Committee, Joe Foy, 11-Jul-12 (Vancouver) 12 (Vancouver) Wilderness Tourism Association of BC, Evan Loveless, West Fraser Mills Ltd., Larry Gardner, Dave Lehane, 09-Jul-12 (Vancouver) 11-Jul-12 (Vancouver) Williams Lake Field Naturalists, Fred McMechan, West Fraser Timber Co., Al Bennett, Martin Ellefson, Ordell Steen, 05-Jul-12 (Williams Lake) Stuart Lebeck, 06-Jul-12 (Quesnel) June Wood, 20-Jun-12 (Vanderhoof) Western Silvicultural Contractors Association, John Woodbridge Associates Inc., Peter Woodbridge, 12-Jul- Betts, Bob Gray, John Lawrence, 10-Jul-12 12 (Merritt) (Vancouver) Ken Zielke, 09-Jul-12 (Vancouver) Josette Wier, 18-Jun-12 (Smithers) Rimas Zitkauskas, 18-Jun-12 (Smithers)

Written Submissions

Jason Addy Yvonne Bell Canopy; ForestEthics Solutions; Toni Adisano Desmond Berghofer Greenpeace, Stephanie Eric Alexandre Guy Berlinguette Goodwin Shoshana Allice Paula Bethune Pat Caraher Caroline Amor Bio-Economy Dialogue Group, Judith Carder Ancient Forest Alliance, Ken Wu Greg Halseth Cariboo Chilcotin Coast Tourism Constance Anderson Eldy Birnie Association, Bill Van Es Karen Anderson Deb Bischoff Hannah Carpendale Robert Andrew Val Bjarnason Jeremy Carpendale Mary Andrews Gary B Blackwell Steven Carpenter Antler Ridge Ranch, Mark Susan Bond Theodora Carroll Williamson Wendy Boothroyd Gordon Carson Dr. Saul Arbess Jamie Bowman Bruce Carter Fabiola Arias Eliza Boyce Jon Cash Katrina Ariel Sean Boyle Tim Cash Ben Arsenault Peter Bradford Matt Casselman Don Avis Karen Bragg Nick Castro B.C. Government and Service Joshua Braidek Nick Charrette Employees' Union, Darryl Matthew Breech Cheakamus Community Forest, Walker British Columbia Forests Society, Peter Ackhurst Baker Creek Enhancement Harry Drage Edward Chessor Society, Amy Law Anthony Britneff Stephen Chessor Allan Balogh Jean Brooks Jeff Childs John and Sandra Barth Cam Brown Gord Chipman Lucy Bashford Terry L Brown Victoria Chrisham Jacob Bayless Doug Brubaker Penny Christian Bob & Janice Baynham Naomi Bruce Domenic Cicci David & Dorothy Beach Ray Bull Citizens' Environmental Jim Beaton Dionne Bunsha Advocacy Group, Bruce Edson Kathleen Beavin Dr. Philip Burton Caroline Clark Roger Beck Paul Gordon Butterfield Terry Clark Samuel Bednarski Doug Campbell Harry Coates Sharon Bell Jeanette Campbell Steven Coffin

Special Committee on Timber Supply 53 Report, August 2012

Reports to Receive Page 76 of 286 ... Agenda Item # 4.1

Sara Jane Colgan First Nations Environmental Alexa Hanson Lyle Collie Network, Steve Lawson Diana Hardacker Susan Collier Mike Fischer Nova Hart Columbia Headwaters Brian Fisher Jonathan Harvey Community Forest Association, Fisheries and Oceans Canada, John Hasenack Richard Hoar Don Lawrence Hauer Bros. Lumber Ltd., Ainslie Beverley Como Donald Fleming Jackman Lynn Conall Fort Fraser & District Local of Jan Havelaar Anne Cooper BC Trappers Association, Mimi He Stephen Copley Robert Fredereick Katherine Head Jeff Corbett Rita Francis Mark Hein Cara Cornell Constance Franklin Bob Helfrich A Cowan Andrew Fraser Yuill Herbert Linda Craven Ian Fraser Hanna Hermanek Nancy Crozier Free Rein Guest Ranch, Debbie Margaret Hess Bonnie Cruickshank Atha Angela Hicke Anne-Marie Daniel Ian French Jesse Hiemstra Edwin Daniel Friends of Clayoquot Sound, Dan Brigitte Hiller V. Daniel Lewis Andreas Hobyan Christian David Friends of Lac des Roches and Steve Hocquard Nora Davidson Birch Lake, Sharron Woloshyn Helmut Hofmeister Michael Davis Andrea Frisque Candace Holt Alan Dean Dave Fuller Cindy Hook Gen Del Dylan Gale Bill Horne Anita den Dikken Josef Gallo Horsefly River Roundtable, Bruce Steeve Deschenes Karen Gardener MacLeod Flora Di Cunto Lavonne Garnett Frank Hovenden Elizabeth Donald Lydia Garvey Jeff Hoy Fiona Driehuyzen Janis Gauthier Jeff Hubbick Susan Dulc Warren Geronazzo Ed Hume Forest Eaton Trevor Giesbrecht Evelyn Hunter Ecoforestry Institute Society, Mitch Giffin Julie Hunter Sharon Chow Alan Gilchrist Lynn Husted Wendy Ehlers David Gloag TJ Hyde Chris Elden Bram Goldwater Bassam Imam Karl Emde Doug Goodman Paul Inden Margaret Anne Enders Diana Gostling Gregory Iorfino Monika Eriksen Patsy Granberg Dr. John Irwin Jim Erkiletian Teague Griffin Patrick Ivany Genevieve Esson Parker Grimes Donna Jabillo Dinda Evans Peter Grossman Joe James Glenn Farenholtz Guide Outfitters Association of Diane Johnson Ken Farquharson BC, Mark Werner Faune Johnson Lawrence Fawcett Ted Gullison Faune Johnson Neil Findlay Donna Hamilton Sheree Johnson Patricia Handy Sara Johnston

54 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 77 of 286 ... Agenda Item # 4.1

Amy Jonah Lower North Thompson Ross Muirhead Alysha Jones Community Forest Society, Allison Muller Emyr Jones Mike Francis Michael Murphy Joyce Jones Kerrie Lowitt Norman Nalleweg Pam Jorgenson Thomas Mac Krell Nature Vancouver, Dan Fred Kay Jay Macarthur Overmyer Susan Kay-Downs Quinn Macdonald Nechako Group of Companies, Lillian & Jim Kelly James MacKay Alan Fitzpatrick Eva Kerr Ken Madsen Shel Neufeld Peter Kerr Bernice Magee Kai Newman David Kidd David Majcher Kim Newsted Esther Klein Lloyd Manchester Anna Nguyen J. Knight David Manning Mardon Nordine Robyn Knight Paul and Diane Manuel North Columbia Environmental Claudia Kobayashi Christopher Mapstone Society, Laura Stovel Kateri Kosek Ivan Marko Northern British Columbia Jodie Krakowski Nicola Marshall Tourism Association, Anthony Murray La Brash Kathleen Martin Everett La Pointe Consulting Ltd., Brian Jodie McCormick Colleen Northmore LaPointe Don McEachern N'Quatqua Lands and Resources Cory Lagasse Brian McKinlay Committee, Rene Thompson Odin Lake Taylor Mcleod Nuk Tessli Wilderness Lakes District Trappers Kathy McMaster Experience, Chris Czajkowski Association, Russ Skillen Lindsay Mcnally Betsy Nuse Lakes Outdoor Recreation Sandy McNamee Daniella Oake Society, Lynn Synotte Chuck McNaughton Laura O'Brien Peter Douglas Lambert Jeff McNaughton Joan O'Connor Dorothee Lange Bridget Meagher Omineca Beetle Action Coalition, Oliver Lardiere Sara Medgyesi Stephanie Killam Randy Lautsch Elissa Michaud Omineca Enterprises Ltd, John Amy Law Anne-Marie Miles Peterson S. Lawrence Onni Milne Robert Ortiz Swarn Leung Andrew Mitchell Satjeet Pandher Dr. Kathy Lewis Elizabeth Mitchell Bert Parke Lheidli T'enneh, Chief Dominic Frank Mitchell Keenan Parker Frederick Ron Moger Jim Patterson Lillooet Tribal Council, Matt Eleanor Montour Michael Peabody Manuel Keith Moore Lynne Penhale Monique Lind Richard Moore Caroline Penn Colleen Linesman Phyl Morello Tessa Perkins Cheryl Litwack Caroll Morey-Hofmeister Heather Phillips Logan Lake Community Forest Mylene Morissette Jo Phillips Corporation, Don Brown Gloria Morotti Daniel Pierce Betty Logan Ian Moss Ray Pillman Faye Logie Mountain Cat Forest June Pitcher Management, Graham Gerry Ryan Potter

Special Committee on Timber Supply 55 Report, August 2012

Reports to Receive Page 78 of 286 ... Agenda Item # 4.1

Regina Powell Lee Sexsmith Ryan Thomas Gretchen Prystawick Share Cariboo/Chilcotin Ron Timothy Quesnel Snowmobile Club, Resources, G.W. (Bill) Siglind Tinsley Randy Lautsch Carruthers Frank Tiramani Pat Rasussen Larry Sharp Renee Titterton Lawrence Redfern Mary and Richard Shields Tourism Industry Association of Charles Reif Patricia Shute BC, Lana Denoni Brett Restemeyer Anne-Marie Silbernagel Tourism Prince George, Aidan Kelly Reuter Marie Simonsen Kelly Shana Richmond Bob Simpson Ted Traer Eric Rinne Susan Simpson Katherine Trajan Kelly Rivard Siwash Lake Ranch, Allyson Maureen Trotter Philip Robbins Rogers Karen Troubetzkoy Irene Roberts Nikki Skuce Liz Turner Katharine Robinson Sky-Innovative Ltd., Simon Sahm Stephen Tyler Ron Rodrigo Michael Slusar UBC Faculty of Forestry Alex Sharon Rogalsky Steve Smith Fraser Research Forest, Cathy Shane Rogers Rich Sobel Koot and Ken Day Anita Romaniuk Jordan Soet J.G.G. Underhill Pat Rose Madeleine Speck David Van Den Broek June Ross Pamela Speight Jane Van Sickle Kris Rothstein Earl Spielman Albert Vandenberg Christopher Roy David Squance Glenys Verhulst Marcelle Roy Maria Squance Simon Vine Gisela Ruckert George Sranko Dr. Dianne Vosloo Jeff Rueger Christine St. Peter Norman Vriend Valerie Russell Laurie Steffler Grant M. Waldman Joan Russow Sara Steil Cameron Wallace Robert Ruthkowski Mary Stewart Jean Wallace Robert Ruthowski C. Stokker Ben Walsh Karen Sampson Judy Stratton Gail Ward Teresa Sande Norma Stromberg-Jones Wayne Wasiliew Mark Sandstrom Lisa Sund Darin Watson Dan Saragosti Rafe Sunshine Patricia Watson Kevin Sauve Michael Surtherland Helen Weiss Tara Sawatslay Ira Sutherland Scott Welton James Schlichter Kevin Swoboda Tom Wheeler Chris Schmid Meg Sylvester White Lake Residents Stefan Schmitt Kathryn Taddei Association, Steve Corrie Richard Schritt Patrick Tan Jan and Warrick Whitehead Tamara Schwartzentruber Tanizul Timber, John Marchal Joanna Wilkinson Lyn Schwarz Lynn Taylor Susan Willdig Charlotte Schwenke Tchesinkut Watershed Protection Williams Lake Transition Town Barbara Seifred Society, T.H. Blair Group, Hayes Zirnhelt C.K. Senay Teepee Heart Guest Ranch, Dr. Kathleen Williams Geoffrey Senichenko Deborah Davies Katie Williams

56 Special Committee on Timber Supply Report, August 2012

Reports to Receive Page 79 of 286 ... Agenda Item # 4.1

Barry Wilson Kellie Wyllie Bill Zeiger Ben Wilson Glenna Yahnke Steven Zeluck Byron Wilson Yellowstone to Yukon Lorne Ziemer Susan Woermke Conservation Initiative, Wendy Keira Zikmanis Dr. Karen Wonders Francis Barbara Zimmer Mandy Wong Young Communist League of Silvaine Zimmermann R. Wong Canada, Erin Searle Norm Zirnhelt Kelsey Wood Bill Young Greg Wozny Lara Zalinko

Special Committee on Timber Supply 57 Report, August 2012

Reports to Receive Page 80 of 286 ... Agenda Item # 4.1

Reports to Receive Page 81 of 286 ... Agenda Item # 4.1

Reports to Receive Page 82 of 286 ... Agenda Item # 4.1

Reports to Receive Page 83 of 286 ... Agenda Item # 4.1

Reports to Receive Page 84 of 286 ... Agenda Item # 4.1

Date: August 28, 2012 Memo to: Kevin Crook – Chief Administrative Officer From: Jeffrey Lovell, CA – Director of Finance Subject: Finance Department Monthly Report – July and August 2012

RECOMMENDATION That Council receive the enclosed report. REPORT Purpose To report on finance department activities during the months of July and August 2012. Meetings • Regular Council & staff meetings • Meeting with ICBC representative, Re: Fleet Insurance • Conference call with TFT staff, Re: Community centre and arena Projects • Information system improvements and data input o Initializing Bank Reconciliation module • Assisted Chief Bennett with road rescue proposal • Research into Commercial Revitalization Bylaw o Drafting and submission of Revitalization Tax Bylaw • District owned properties – Leases/Taxes/BC Assessment registration o See In-Camera report Other • Tax deadline penalties ($19,857) • Ongoing journal entries • Professional Development Registered for online courses through Camosun College, Victoria o th o Booked GFOA Western Canada conference – October 2-5 , 2012 • Other duties as requested Respectfully submitted, Approved by

Jeffrey Lovell, CA, Director of Finance Kevin Crook, Chief Administrative Officer

Reports to Receive Page 85 of 286 ... Agenda Item # 4.1

Date: August 27, 2012 Report to: Mayor & Council From: Kevin Crook, Chief Administrative Officer Subject: Administration Department Monthly Report – June & July 2012

RECOMMENDATION THAT Council receive the report. REPORT Purpose To report on administration department activities during the months of June and July 2012. Background This report includes work done by the Chief Administrative Officer, the Deputy Corporate Officer, the Administrative Assistant, the Office Assistant and others. It also includes Planning and Recreation functions as there is no permanent staff in those departments. Activities Meetings: • Staff and Department Head meetings • Regular Council meeting • Special Council meetings • Agendas and Minutes • Mutual Aid contract signing meeting • Meeting with Mackenzie Mayor and staff • Medical clinic remodelling meeting • Transportation Committee • Engineer meeting – Sewer extension • Enbridge meeting • Pacific Carbon Trust webinar • College of New Caledonia meeting • Meeting with MLA Rustad

Bylaws/Policy/Reports/Letters • Enbridge public opinion research and report • Complaints summary • Letters directed by Council • Inspection of unsightly premises • Bylaw offense notices • Mobile phone policy

Reports to Receive Page 86 of 286 ... Agenda Item # 4.1

Personnel • Staff Performance Appraisals & Evaluations

Technology • Prepare new website for launch • Update website/Social Networks/Electronic sign • Computer/tablet technical support • ICIS webinar • Mobile phone upgrades

Legal/Land/Planning: • Land use queries • Legion cenotaph agreement • Green Energy Project road crossing permit • Renew emergency management contract • Rezoning applications (Nechako Valley and Ouellette Bros.) • Terrane Parking lot approval (ongoing) • Events • Planning and implementing Canada Day • Planning recreation & health fair/car show • Interagency meeting planning • Attended Special Committee on Timber Supply hearing

Other • Records management • Bylaw enquiries • Staff vacations • Cemetery administration • Recreation programs planning, registration and implementation

FINANCIAL/PROGRAM IMPLICATIONS n/a RELATIONSHIP TO THE OFFICIAL COMMUNITY PLAN/STRATEGIC PLAN n/a

Respectfully Submitted,

Kevin Crook Chief Administrative Officer

Reports to Receive Page 87 of 286 ... Agenda Item # 4.1

Summer Recreation Formal Report 2012

By Lisa Kabool

Co-ed Beach Volleyball & Tournament (June 25th - August 18th)

We began this successful season of volleyball with 9 teams registered, which dropped to 8 during the second week when one of the teams removed themselves due to scheduling conflicts. It was offered Monday and Wednesday evenings from 6pm – 9pm.

For the tournament on Saturday August 18th, we had 4 teams registered. The winning team was Storm and they get the privilege of registering their team next year for free. I had t-shirts made for the winning team through Up the Creek Garment Co. in PG and they were well-received. A few suggestions for next year include investing in additional sand for the court as it was quite hard to land on, a new volleyball net, and some new volleyballs since ours seem to be on their last legs.

Canada Day (July 1st)

I helped assist the Event Coordinator, Mel Chesnutt, with the Canada Day activities including set up and tear down at Cottonwood Park, decorating for the Multi-Cultural dinner, and running the District Booth where we had helium balloons, cake cutting, and new this year I offered recreation registration (which I recommend continuing to do in future years as there was interest from the parents.) The summer Recreation Assistants helped put up gym decorations for the Multi-Cultural dinner, facilitated Cottonwood activities such as face painting and carnival games, and helped clean up/tear down at the end of the day.

All Games Great & Small (July 3rd - 6th)

We had 8 registered participants in this game-filled new program. We played a variety of cooperative games, old classics, and enjoyed outdoor games in the sun at Spirit Square and Cottonwood Park. It was a wonderful opportunity for the children to get to know one another at the beginning of the program and develop some new friendships which then continued throughout the remainder of the summer programs. I would recommend a program similar to this in the future at the beginning of the program for these very reasons.

The FSJ Survivors (July 3rd - 6th)

We had 14 registered participants for this action-packed week-long program. The participants were put into tribes, given buffs, and put through a variety of individual and team challenges including obstacle courses, shelter building, endurance challenges, puzzle relays, survivor auction, ice toes challenge, pucker up, and water brigades to name just a few. I made t-shirts (different colors for each tribe) and official completion certificates and awarded those on the final day, along with candy immunity necklaces, which was met with a great amount of

Reports to Receive Page 88 of 286 ... Agenda Item # 4.1

excitement. I would definitely recommend this program to be continued in a week-long format in the future and to provide a t-shirt or similar prize at the end of the week.

MiX It uP ~ A week of random fun! (July 9th – 13th)

We had 15 registered participants in this new program. Each day was a different theme including Under the Sea; Arrrr! Pirates; Land Before Time ~ Dinosaurs; Wild Wild West; and The Mighty Jungle. Some of the many highlights included a treasure hunt for pirate day which saw everyone dressed as pirates and running around town following clues to find a treasure map and treasure, making dinosaur fossils and sea turtles, learning to lasso a cow, and having their pictures put on a wanted sign to take home as souvenirs. It was fun for the kids and the adults! We also had a giant gorilla guest appearance for jungle day which made for fun photo opportunities and lots of monkeying around. The participants really got into each day’s theme and came dressed up each morning which was a lot of fun and good to see. Overall the week was a success and I recommend a similar program in the future as it kept the participants on their toes and excited for the next day’s adventure.

Reports to Receive Page 89 of 286 ... Agenda Item # 4.1

Arts & Crafts Extravaganza (July 9th – 13th)

We had 17 registered participants in the program. We created many fun projects such as birdhouses, salt art, homemade chalk, sand casted starfish, canvas painting, watercolors, dreamcatchers, fireflys in a jar, and terracotta pots. With the birdhouses, I sent home little packages of birdseed to each participant so they could put their house on display at home. This is a popular program and I recommend continuing it next year. The participants all enjoyed showing off and taking home their creations each day.

Around the World in 5 days (July 16th - 20th)

With 17 participants registered in this new program, we visited a different country/continent each day. These included Australia, Mexico, Egypt, Polynesia (Hawaii), and Asia (China, Japan, and India). Everyone enjoyed coming dressed up in the daily theme and we did crafts, games, and activities related to each country/continent. These included boomerangs and alligators for Australia, sombreros and maracas for Mexico, cartouches and pyramids for Egypt, surfboards and Hawaiian nametags for Polynesia, and candy sushi and cherry blossoms for Asia. For the final day, I had made passports for each participant with their photo inside which they filled out with stamps and pictures from their adventures over the course of the week and they got to take these home as a keepsake. Overall it proved to be a fun and educational program that the kids enjoyed.

Wacky Wonders of Science (July 16th - 20th)

With 23 participants, this program proved to be a favourite. Some of our wacky wonders included making and erupting volcanoes, blowing up balloons with CO2, turning pennies green, exploding film canisters, making crystal snowflakes, lava lamps, parachutes, and bouncy balls. The crystal snowflakes were a hit and many of the parents requested the ‘recipe’ so they could make them at home. I was approached by Tl’azt’en Education to have a co-op recreation student join us, Dana Monk, and she spent the week in this program, helping out and learning about

Reports to Receive Page 90 of 286 ... Agenda Item # 4.1

programming from me. Due to its popularity, this program should definitely be continued in the future.

For the cooking classes: I approached both Overwaitea and Sana’aih Market for donations for towards grocery purchases and they both kindly agreed. Overwaitea donated a $100 gift certificate and Sana’aih donated a $50 gift certificate. To recognize their generosity, I added a “thank you to our sponsors’ page” with their logos in each of the cookbooks that the participants took home at the end of the cooking programs as well as thanked them in one of my weekly Caledonia Courier contributions.

Kulinary Kids (July 23rd – July 27th)

We had 7 participants in this class. I offered some low-fat recipes in additional to the old favorites. We prepared such meals as mini pizzas, burrito stacks, frittatas, soups, pizza muffins, rocky road brownies, upside-down shepherd’s pie, spiderwebs, baked chicken nuggets, and ice cream in a bag to name a few.

Little Bakers (July 23rd – July 27th)

We had 10 participants in this program. Here I also offered some low-fat options as well as old favorites and we had fun making haystacks, cookie balls, Boston cream pie minis, giant pizza pretzels, cupcakes, brownie pizzas, banana bread, cookie pops, and summer strawberry pie. We were also lucky to have a guest, Nellie Dionne, come in and teach us to make bannock, which was great fun.

Thrills & Spills in the Kitchen (July 30th – August 3rd)

We had 12 participants in this program. Again, we enjoyed making a variety of different recipes including rock candy, baked eggs in a basket, mini pizzas, fruit pizzas, homemade buns and sloppy joes, etc.

Reports to Receive Page 91 of 286 ... Agenda Item # 4.1

Sweet Treats (July 30th – August 3rd)

We reached our maximum capacity of 24 participants for this class, making it the most popular of the cooking classes. When programming, I had taken recommendations from years previous to offer some low-fat options, but the numbers seem to show that the kids like the sweets. So I definitely recommend a dessert/treats class in the future. Here we made numerous cupcakes, s’mores brownies, cinnamon rolls, ice cream cone cupcakes, whoopee pies, cake pops, etc.

This year I offered a week of activities called Funtastic Full Day Festivities from Tuesday August 7th to Friday August 10th. These 4 programs were sold as a group for $100 or priced individually. However, due to a lack of interest, I would not recommend doing this week-long program again and to keep the programs individual.

Out of this World (August 7th)

Unfortunately due to a lack of interest, this space day program was cancelled. I ended up doing a half day space theme in FunDaze which was met with a lot of enthusiasm from the participants.

The FSJ Amazing Race (August 8th)

With 11 participants, this new program was a lot of fun. This was the first time an Amazing Race has been done in Fort St James. We split into 3 teams with adult leaders, chose team names, and decked ourselves out in our team colors. I made this a full day event with a mandatory lunch break. Each group had 15 “Amazing Race” envelopes to work through which consisted of Route Info, Roadblocks, and Detours, along with 4 Pit Stop Check in Stations just like the television show. Some of our events included counting cereal boxes at Overwaitea, taking a group photo at the Fire Hall, completing a relay race in Spirit Square, volleyballing at Cottonwood Park, a jellybean eating contest, and racing through the streets to reach each Pit Stop first. I created Amazing Race FSJ 2012 Passports for each participant and they got to take these home at the end along with two swimming passes for Four Seasons Pool, a winners ribbon, and a

Reports to Receive Page 92 of 286 ... Agenda Item # 4.1

bottle of bubbles which were all well-received. I would recommend doing this program again next year.

Musical Mayhem (August 9th)

With 10 participants, we spent the day making our own musical instruments including kazoos, jingle bell sticks, guitars, drums, and tambourines. We had fun playing with them (lots of air guitar!), singing to the music that we brought in, and creating some of our very own music with our new instruments, along with music themed games and activities.

Field Trip: Exploration Place (August 10 th)

We had 10 participants registered for this full-day field trip. Despite a late start (the bus from Vanderhoof was about an hour late due to breakdown), we made it to Exploration Place in PG and spent 2 hours doing an Explorama, which allows the kids to play, touch, poke, and squeeze everything in sight. We had a blast, we got to touch geckos and reptiles, play on a huge indoor play structure, dig up dinosaur bones, look at creepy crawlers, and I had a tough time prying them out of there once our time was up. The guides were fantastic, very interactive and friendly and I highly recommend returning in the future. Located in Fort George Park, we ate our lunch in the atrium and spent the last 20 minutes playing in the parks’ playground.

Reports to Receive Page 93 of 286 ... Agenda Item # 4.1

Hula Hooping Hoopla Workshop (August 13th)

We had 10 registered participants for this hula hooping workshop, the first of its kind offered by the District. Mel Chesnutt put on a fun, interactive, and kid-friendly workshop where each participant created their own hoop using different coloured hoop tapes. Once completed, Mel walked us through a hooping lesson and each participant was able to bring their hula hoop home to enjoy. The participants had a lot of fun and there were many requests from the kids to continue this program in the future in a week-long format. I would suggest setting up a 1 hour per day week-long program next year for a program such as this.

Mystery at the Fort (August 14th)

We had 13 participants registered for this program held at the National Historic Site. The site put on a murder mystery which consisted of a murder and the kids had to go interview all the different people in the village to find out who the murderer was. The actors did a wonderful job and the ‘murderer’ even bought the kids some candy from the fur trading post after they had cracked the mystery. We then were sent on a treasure hunt around the site finding clues hidden in and on the buildings until we found our treasure. The program was excellently planned and executed by Jennifer Sankonel, a huge thanks to her. The kids had a great time and I definitely recommend this program again in the future.

Introduction to Horses (August 15th)

I offered this new program in collaboration with Khas T’an Outdoor Adventure. We reached our maximum capacity of 8 participants (ages 9-12 years) and spent the day learning about horses.

Reports to Receive Page 94 of 286 ... Agenda Item # 4.1

The morning was spent going through three educational stations, to learn the differences between prey and predators and put on a funny skit to the rest of the group, to learn about the types and parts of saddles, and to learn how to brush the horses. Each participant had an opportunity to ride a horse through an obstacle course and collect a horseshoe to take home as a keepsake. Overall it was a fun day and I recommend conducting another program with Khas T’an in the future.

Kids Camp Out (August 16th – 17th)

We had 17 participants for the Camp Out at Paarens Beach Provincial Park. The weather was in our favor so we were able to swim and roast hot dogs and s’mores over the camp fire. I brought in a lifeguard, Angela Shymanski, owner of Splash Swim School in Prince George, after failing to find one in Fort or Vanderhoof. She came in for 2 hours of guarding on the second day. She was fantastic and I highly recommend using her again in the future. I had myself and 3 of the recreation assistants work overnight, and a fourth assistant come in for 4 hours each afternoon to help with lunch and activities which worked out well. The leaders were able to take a break during the 2 hours the lifeguard was there which was very well-received.

Reports to Receive Page 95 of 286 ... Agenda Item # 4.1

FunDaze! Everyday a new adventure! (August 20th – 24th)

This new program had 12 participants registered. Each day we offered a different theme which included Up, Up, and Away, where we made UFO’s, solar systems, helicopters, and sent off crazy screaming balloons; Magical Wizards, where we made cauldrons that steamed and bubbled; DIY Day, where we made tie dyed t-shirts; Circus Day, where we played carnival games; and Inventor’s Workshop, where we made picture frames, unique creations, and exploded pop with mentos. It was a fun week and having a different theme each day kept the kids interested and ideas fresh. I recommend doing this program in the future with some new themes.

Let’s Get Sporty (August 20th – 24th)

We had 8 participants for this program held at the Old Gym in FSJSS. Sowchea Elementary School kindly lent us a ton of sports equipment for the summer so I took most of that over to use for this program. We learned to play dodgeball, badminton, soccer, volleyball, basketball, tennis etc. On the final day we hiked up Mount Dickinson as a group which was a fun and exciting trip. It took 1 hour to go up and 45 minutes to get back down so there was plenty of time to do this in the 2 and a half hour timeframe of the program. I do recommend doing this hike in the future with a sports program.

Reports to Receive Page 96 of 286 ... Agenda Item # 4.1

Field Trip: PG Four Seasons Pool (August 27th)

We reached our maximum capacity of 20 participants for this trip into Prince George to attend Four Seasons Pool and Waterslide. We swam for 3 hours and many brave young individuals went down the waterslide, swung on the rope swing, and jumped off the diving boards. I definitely recommend offering a swim day program again, and suggest going to the PG Aquatic Centre next year as there was much interest about their wave pool from the participants.

Free Mount Pope Hike (August 28th)

This event was well attended with 21 registered and 11 participants showing up. The weather was great and we had a parental volunteer join us. We spent the day making our way up the mountain where we had lunch at the gazebo and enjoyed the stunning views, before trekking back down. It was a great experience and for many of the participants it was their first time up. I am glad we were able to provide this program for them and do recommend it be offered again in the future. It is a great way to experience the beautiful nature that is right in our backyard.

Free End of Season Bash! (August 29th)

This free event at Cottonwood Park for the last day of the program was very well attended with 34 participants registered. I again brought in Angela Shymanski as our lifeguard so the kids could swim for a couple of hours. I received a burning permit and we had a campfire and cooked hot dogs and s’mores which were very popular. The inflatables were set up and we played lots of carnival games and gave out prizes. I highly recommend having the inflatables out again in future years as the kids love them.

I created a digital scrapbook DVD for each participant to take home, which consisted of photos I took during each program over the course of the summer. I thought it would be a good keepsake to remember the summer by and it was very well-received by the parents and participants.

Reports to Receive Page 97 of 286 ... Agenda Item # 4.1

In terms of advertising, I spoke with Ruth Lloyd at the Caledonia Courier at the beginning of the summer and we agreed that I would write a weekly contribution with a photo describing the current week’s program to be run in the paper. This was fun to do and a great way to get the word out about our recreation programs to the public at no cost, I recommend continuing it in the future if possible.

Over the course of the summer I received some very kind feedback from quite a few of the parents thanking me for the new and fun programs offered this summer, and telling me that their children were very excited to come each day which had not always been the case in the previous years. I had a lot of fun this summer and very much enjoyed the programs, which may have been reflected in my implementation of them. I hope this enthusiasm is continued in the future and I am grateful for the opportunity this summer.

Reports to Receive Page 98 of 286 ... Agenda Item # 4.1

Reports to Receive Page 99 of 286 ... Agenda Item # 4.1

Reports to Receive Page 100 of 286 ... Agenda Item # 4.1

District of Fort St. James 477 Stuart Drive West, P.O. Box 640 Fort St. James, B.C. V0J 1P0 Phone 250 996-8233 Fax 250 996-2248 Email [email protected]

OFFICE OF ADMINISTRATION

Wednesday August 29, 2012 Meeting with MP Cullen Present: Councillor Willick, Councillor Gingrich, CAO Crook, Councillor Burdeniuk, EDO Emily Colombo, MP Cullen, 1. Welcoming of MP Cullen to Fort St. James, thanking him for taking the time to visit with us.

2. Mt. Milligan – EA amendment changes regarding the operations camp, recruiting challenges, shift schedule changes (7-7). Housing challenges – no stock is being developed. Transportation challenges – the North Road is degrading in structure due to heavy hauling. We would like that road to be on a ‘level playing field’ for equal economic opportunities (with Mackenzie). Feelings that the company is playing one community against another (re: changing location of the Load Out facility). Sense that Mackenzie is being developed as the community to ‘live in’ while Fort is preferred for driving through due to our closer proximity to Prince George and easier navigation to the mine site.

3. North Road/ Phillips Connector – the Phillips Connector (between Mackenzie and Mt.M) is a FSR, $10 Mil to develop to create economic opportunity for Mackenzie with the mine. The North Road (between FSJ and Mt.M) is a Provincial Highway. The North Road is used by both industry/ residential and is at 70% integrity, being heavily degraded. Little infrastructure dollars being contributed to the North Road, despite its’ value to the provice re: resource extraction. NC: Council should be going to both the Liberal and NDP provincial reps – make the North Road our big ASK at UBCM while they are writing their platforms NOW. Make it a sales ticket for their election campaigns.

4. Health Care – We’ve had only 1 physician servicing a population of nearly 5000 residents. We are working with Northern Health to build a new model to entice physician recruitment. Look to Masset in regards to how to integrate First Nations health needs and municipal. Hiving off a section of the hospital to service First Nations so that portion can be funded Federally. This is one possible way of achieving blended funding. NC: Have meeting with NHA and INAC, encourage openness from the Band on this topic.

5. Community Centre – NC: Let’s look to see what wasn’t approved federally and find out why. Send Nathan’s office a copy of our future Fed. applications with a note, and he will help to submit from the top end while we’re submitting from the Municipal end.

Reports to Receive Page 101 of 286 ... Agenda Item # 4.1

6. First Nations – Many band members get ‘stuck’ in our community and lack transportation back to their communities. Is there a possibility for a drop in centre for these people to help keep them off the streets while in town? NC: Best if this is driven by community members/ non profit society.

7. Seniors –Many Seniors are faced with challenges of housing, income, pensions, retirement age, etc. NC: Look to Houston to see an example of a seniors affordable housing project.

*Send Nathan copy of our responses to the EA amendment. * Send Nathan copy of our Federal application which was declined re: Community Centre.

Reports to Receive Page 102 of 286 ... Agenda Item # 4.2

COLLEGE OF NEW CALEDONIA STRATEGY MEETING

June 26, 2012

Present:

John Bowman, President of CNC Keith Playfair, Board member of CNC Ann McCormick, CNC Fort St. James Supervisor Rob MacDougall, Mayor of Fort St. James Tom Greenaway, RDBN Director Elke Lepka, Councillor, Takla Band Ron Winser, Tl’azt’en Nation Georgina Alexis, Tl’azt’en Nation Mark Prince, Nak’azdli Band Colleen Fugle, Tl’azt’en Nation Dolly Abraham, Chief of Takla Band Kevin Crook, CAO of Fort St. James Leonard Thomas, Nak’azdli Band Fred Sam, Chief, Nak’azdli Band (luncheon only)

Meeting Notes:

There is political pressure from Vanderhoof to centralize College of New Caledonia’s programs in Vanderhoof. We need to support Fort St. James’s campus to make it even better

Local campus needs more permanent space as programs are in several locations.

There is also a need for a residence/dorm in Fort St. James.

CNC has delivered programs at all of the first nations, as many prefer to train at home.

Fort St. James campus is a role model or flagship for other colleges, using best practices for all learners.

Online learning is another area that needs more investment.

Would CNC consider building on reserve? Yes if the right opportunity.

What can we do to help College of New Caledonia get a trades building for Fort St. James?

• College of New Caledonia supports close to home programming. Fort St. James is a good example of the partnerships they have developed. • Funding is challenging; depends on BC government for 75% of funding. 2% increase in costs per year with no new funding to cover increases due to wage increases, etc. • Have submitted a budget request for a Fort St. James trades facility • College of New Caledonia will not take away from Fort St. James to bolster Vanderhoof. • Politically, District of Fort St. James and first nations can emphasize the need for close to home training opportunities during upcoming provincial elections, and encourage investment in colleges as a government priority.

College of New Caledonia Strategy Page 103 of 286 Meeting Notes ... Agenda Item # 4.2

First nations may be able to access federal funding to support the college; can advocate with MPs.

Conclusion:

• Need to build a business case to support CNC’s application for the trades facility. • Council will advocate with the appropriate minister at UBCM in September. • This group should meet again in early September. • Economic Development Officer will work with Ann McCormick on a business case.

College of New Caledonia Strategy Page 104 of 286 Meeting Notes ... Agenda Item # 4.3

Date: August 14, 2012 Report to: Kevin Crook, Chief Administrative Officer From: Jeffrey Lovell, CA, Director of Finance Subject: Stuart Lake Golf Club Loan Repayment

RECOMMENDATION That Council receive this report and attached correspondence. REPORT Purpose To inform Council of the repayment of a loan. Background In September 2008, the District entered into a loan agreement with the Stuart Lake Golf Club for $14,500.00. Repayment was required at a rate of $2,900.00 per year. Disposition On August 12, 2012, the District received final payment of the above mentioned loan. This clears the outstanding amount on time and on schedule. Attached is correspondence to Stuart Lake Golf Club acknowledging their repayment in full of their loan with the District. FINANCIAL/PROGRAM IMPLICATIONS None. RELATIONSHIP TO THE OFFICIAL COMMUNITY PLAN/STRATEGIC PLAN None.

Respectfully Submitted,

Jeffrey Lovell, CA Director of Finance

Approved by

Kevin Crook Chief Administrative Officer

Stuart Lake Golf Club Loan Page 105 of 286 Repayment ... Agenda Item # 4.3

District of Fort St. James 477 Stuart Drive West, P.O. Box 640

Fort St. James, B.C. V0J 1P0 Phone 250 996-8233 Fax 250 996-2248 Email [email protected]

OFFICE OF ADMINISTRATION

August 14, 2012

Jack Robertson, Treasurer Stuart Lake Golf Club PO Box 158 Fort St. James, BC V0J 1P0

Re: Stuart Lake Golf Club Loan Repayment

Jack,

The District has received the final payment to discharge Stuart Lake Golf Club’s 2008 loan of $14,500.

This letter is to confirm the release of the Golf Club’s obligations under this contract.

Thank you for your prompt payments, if you have any questions or issues please do not hesitate to contact me

Best of luck on the Club’s future endeavours.

Yours truly,

Jeffrey Lovell, CA Director of Finance

CC: District of Fort St. James Mayor and Council

Stuart Lake Golf Club Loan Page 106 of 286 Repayment ... Agenda Item # 4.4

Date: August 22, 2012 Report to: Mayor and Council From: Kevin Crook, Chief Administrative Officer Subject: Bill C-38 Amendments to the Fisheries Act

RECOMMENDATION That Council send a letter to the Federal Minister of Fisheries and Oceans in opposition to the amendments of the Fisheries Act contained in Bill C-38. REPORT Purpose To provide information to Council on the potential effects of the changes to the federal Fisheries Act in Bill C-38 Background Council read a letter from the City of Burnaby expressing concern that the proposed changes “put species and ecosystems at increased risk, by narrowing the scope of fish habitat protection, and allowing for the exemption of works . . . and for the delegation of responsibility to other agencies.” Council directed administration to report on the possible effects so that Council could consider sending a similar letter. Bill C-38 Bill C-38 “Jobs, Growth and Long-term Prosperity Act” was given Royal Assent on June 29, 2012 and is now law. The bill amends dozens of pieces of legislation and affects environmental regulations, employment insurance and many other things. Effect on the Fisheries Act I have attached several items to this report, including the section of Bill C-38 that amends the Fisheries Act, an article from the Vancouver Sun, a report from the Assembly of First Nations, and a backgrounder from West Coast Environmental Law. The main concerns that I have read concerning this legislation are: 1. Change in the purpose of the act from protection of “fish, fish life and fish habitat of all fish” to the protection of “fisheries”. This means the act would apply to commercial, recreational and aboriginal fisheries, but would not protect fish and fish habitat that is not deemed to have any economic value. The focus on protection of ecosystems shifts to protection of specific fish. 2. Reduces the broad scope of the act so that it prohibits “serious harm” to fish while allowing the minister to create regulations exempting certain project from the prohibitions. 3. Provides a mechanism to “offload” the responsibility for fish habitat to provinces, which may not be able to fund full enforcement.

Amendments to the Federal Page 107 of 286 Fisheries Act ... Agenda Item # 4.4

4. “Minor works,” such as cottage docks and irrigation ditches, will be identified and no longer require permits. It is impossible to know precisely how the act will be interpreted as it goes into effect; however, in my estimation, there is a chance that the act could reduce protection of ecosystems in the Fort St. James area, so I recommend that Council oppose the legislation. FINANCIAL/PROGRAM IMPLICATIONS None. RELATIONSHIP TO THE OFFICIAL COMMUNITY PLAN/STRATEGIC PLAN OCP section 4.2(a): “It is the objective of Council to recognize the importance of the shoreline riparian area for such purposes as to reduce shoreline erosion to filter contaminants from entering a water body, to function as habitat, and to provide shading and protection for fish stocks.” OCP section 4.3(i): “It is the policy of Council to work with the Department of Fisheries and Oceans Canada (DFO) to ensure the appropriate environmental setback standards are implemented for development near identified watercourses within the District of Fort St. James.”

Respectfully Submitted,

Kevin Crook Chief Administrative Officer

Amendments to the Federal Page 108 of 286 Fisheries Act ... Agenda Item # 4.4

Amendments to the Federal Page 109 of 286 Fisheries Act ... Agenda Item # 4.4

Amendments to the Federal Page 110 of 286 Fisheries Act ... Agenda Item # 4.4

June 2012

Bill C-38 and offloading Fisheries onto the Provinces

Bill C-38, the Budget Implementation Bill, with its various amendments to Canada’s environmental laws, is a complicated statute, with many long-term implications that have not been fully explored. One of the most significant, however, has to be the possibility that the Bill may have the effect of offloading responsibility for the protection of fish habitat to some or all of the provinces. This may sound surprising, as none of the provinces have expressed a desire to take over the federal government’s role in respect of fish habitat. But although there is no apparent provincial appetite for offloading, the amendments create both: a legal mechanism for the offloading of responsibility for fish habitat, and a weakening of fish habitat protection provisions that will leave gaps that put pressure on provinces who wish to see responsible stewardship of fish and fish habitat. If this offloading occurs, it is likely to result in a significant additional burden on cash-strapped provinces, and, as a result, less effective protection of fish and fish habitat, and inconsistent protection between jurisdictions. This would mean a less efficient, and less effective, Fisheries Act for all of Canada. It should be noted that there are significant legal questions about the ability of the federal government to delegate legal responsibility for fisheries to the provinces,1 which may result in litigation if a delegation occurs under the provisions enacted through Bill C-38. This backgrounder does not attempt to answer these questions.

Offloading Fisheries That the amendments in Bill C-38 provide for offloading of the federal responsibility for Fisheries is clear. Section 134 of the Bill, if enacted, will create ss. 4.1 to 4.2 of the Fisheries Act, which provide for wide flexibility to define relationships between the federal government and provincial governments, up to and including offloading. These partnership/offloading provisions appear very close to the start of the amendments, and of the Fisheries Act as amended, suggesting that the federal government attaches a fair level of importance to them.

Alexandra Morton v. BC, 2009 BCSC 136.

Amendments to the Federal Page 111 of 286 Fisheries Act ... Agenda Item # 4.4

Section 4.1 gives the federal government a wide authority to enter into agreements with a province for a variety of purposes. Having done so, section 4.2 then allows the federal government to suspend all or part of the Fisheries Act in that province. 4.2 (1) If an agreement entered into under section 4.1 provides that there is in force a provision under the laws of the province that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the regulations do not apply in the province with respect to the subject matter of the provision under the laws of the province. (2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within that province with respect to the subject matter of the provision under the laws of the province. [Emphasis added] A couple observations about this provision. First, it does not require equivalence with the Fisheries Act, but rather with “a provision of the regulations.” It is not at all clear which regulation, or which provisions, are referred to here, and whether the legal requirements will necessarily remain equivalent to the Fisheries Act once delegated. This may be clarified in as yet undeveloped regulations. Second, clearly the provision goes beyond providing for cooperation between the two levels of government, and actually contemplates removing the federal role in respect of parts of the Fisheries Act. This goes well beyond the cooperation required in existing federal-provincial agreements on fish habitat and other fisheries matters. Third, there does not appear to be any limit on which provisions of the Fisheries Act might be so suspended, or on how much of the Act could be offloaded in this way. Finally, there are unanswered legal questions about the extent to which the federal fisheries powers can be delegated in this way, and legal challenges are a significant possibility if delegation does occur.

Why would a province want to accept responsibilities for fisheries? There is, of course, nothing in section 4.1 or 4.2 which would force the province to accept the offloading of fisheries related responsibilities, and, as noted, the provinces have not been requesting such powers, to the best of our knowledge. On its face it might seem that these provisions will only be used for minor delegations of authority in respect of specific issues. Interestingly, there have been calls for delegation of fish habitat provisions from at least one conservative think tank – the Frontier Centre for Public Policy – an organization which argues that the federal laws protecting fish habitat are overly onerous, and an intrusion into Manitoba’s rural economy.3 In 2004 Stephen Harper, then leader of the Opposition, spoke on his party’s tax policy at an event organized by the Frontier Centre. At that time he expressed sympathy for

Canada. The Jobs, Growth and Long Term Prosperity Act, Bill C-38, Second Reading, June 14, 2012 (41st Parliament, 1st Session), s. 134.

http://www.fcpp.org/pdf/3dec2001.pdf, last accessed 9 May 2012. Mr. Robert Sopuck, the author of this report, was subsequently appointed by Prime Minister Harper to the National Roundtable on the Environment and Economy which, of course, is now being cut in the current budget.

Amendments to the Federal Page 112 of 286 Fisheries Act ... Agenda Item # 4.4

the Frontier Centre’s proposal that the Federal Government make powers over fish habitat available to the provinces: FC: You are likely aware that the Fisheries Department has developed a very heavy handed jurisdiction here on the Prairies forcing farmers to put in impact plans for drainage ditches on roadways and so on. One option to return to more sensible regulation would be to have the provinces regain control over their fisheries. What do you think about that? SH: I am open to some of that discussion. I have said even in the case of off-shore, that I would like to see more resource jurisdiction to the provinces. I would think that with inland resources, there would be a lot of room for a lot more local and provincial control over those matters. I am very open to that and said so recently when I was on a trip to Nova Scotia talking about how the federal authority over navigable waterways has become all encompassing.4 So one reason that a province might wish to take over fish habitat protection under an agreement under the amended Fisheries Act might relate to its belief that the federal fish habitat protection laws are overly stringent, and that a weaker or more flexible provincial regime was possible. This is a concern for anyone who believes in strong, nationally-consistent protection of fish habitat, particularly given the fact, discussed above, that s. 4.2 does not clearly require provincial rules to be equivalent to the federal Act. However, the amendments also make sweeping changes to the fish habitat provisions of the Fisheries Act, with the government justifying these changes using similar arguments about the need for flexibility that has been used by the Frontier Centre. As discussed below, these changes will provide far less legal protection for fish habitat than is currently the case. As a result, it is our view that some provinces will now find themselves in the opposite position – of considering whether to take over the protection of fish habitat because the new regime includes inadequate protection for fish and their habitat. Former federal Fisheries Ministers, from both Conservative and Liberal governments, have referred to these changes as “gutting” the habitat provisions of the Act.5 In our view, the resulting habitat provisions provide incomplete, scientifically indefensible and ineffective protection for fish habitat.

What’s so awful about the habitat protection provisions? So what do we mean when we say that the proposed amendments to the Fisheries Act will result in “incomplete, scientifically indefensible and ineffective protection for fish habitat”? Section 35 of the Fisheries Act currently says that it is illegal to “harmfully alter, disturb or destroy” fish habitat.6 This is important because fish cannot survive unless their habitat is protected.

http://www.fcpp.org/publication.php/760, last accessed 9 May 2012.

T. Siddon et al. An Open Letter to Stephen Harper on Fisheries. Globe and Mail. 1 June 2012, available on-line at http://www.theglobeandmail.com/commentary/an-open-letter-to-stephen-harper-on-fisheries/article4224866/, last accessed 14 June 2012.

Fisheries Act, R.S.C. 1985, c. F-14, s. 35(1)

Amendments to the Federal Page 113 of 286 Fisheries Act ... Agenda Item # 4.4

Bill C-38 would – if and when the Federal Cabinet enacts the relevant provisions – change this legal protection so that it is only illegal to cause “serious harm” to fish. The proposed new wording reads: 35. (1) No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. “Serious harm” is defined in the Bill as: “death of fish or any permanent alteration to, or destruction of, fish habitat.” [Emphasis added] This definition is much narrower than the definition of fish habitat, and results in far less protection for fish – even for fish and habitat that everyone agrees should have legal protection. In addition, it introduces a host of issues of proof, and requires much more field work, to enforce effectively. On its face: Activities which fall short of killing fish, including maiming, deforming or stunting their growth, do not amount to “serious harm”. Temporary alteration or destruction of fish habitat is not prohibited unless it can be shown to have resulted in the death of fish that are part of a commercial, recreational or Aboriginal fishery. Multiple activities which individually do not actually cause “serious harm” to fish will not be prohibited, even if collectively the actions do kill or permanently harm fish habitat. The new provision will be far more difficult to enforce than the current section 35. While the current provision applies to anyone who harms fish habitat, the new definition introduces legally undefined and subjective terms such as “permanent” and issues of proof such as whether the alleged offence can be shown to have directly caused the death or the permanent alteration/destruction. Even where dramatic alteration of fish habitat has occurred, it may be difficult to prove beyond a reasonable doubt that it is the cause of the death of fish, or that the alteration will not recover. The result of the more complicated elements of the offence will be increased cost of effective enforcement, increased uncertainty over the law, and increased likelihood of offenders getting off. The provision adopts a fishery specific, rather than an ecosystem-based, approach to habitat protection which is arguably unscientific. In our view, it may still be possible to hold individuals and corporations responsible for worst- case destruction of fish habitat or killing of fish accountable under these provisions, where the incident is well documented and the scientific evidence is clear. But actions directly and provably resulting in the death of fish and the permanent alteration of fish habitat are actually relatively rare. It is more common for permanent harm to fish habitat and the resulting death of fish to occur over years, with many different individuals altering the fish habitat, none of whom individually could be held responsible for “serious harm” under the new section 35. The new provisions will provide little in the way of legal protection for habitat for such alterations. Public discussion of the Bill C-38 Fisheries Act amendments have often focussed on the government’s desire to limit application of the Act to “commercial, recreational or Aboriginal fisheries”, and to restrict the range of fish waters protected by the Act. It is important to realise

Amendments to the Federal Page 114 of 286 Fisheries Act ... Agenda Item # 4.4

that the reduced legal protection, and complicated issues of proof apply directly to salmon and other commercially, recreational and Aboriginally important fisheries, and to all fish habitat. In addition to section 35, the Act will give the Minister and Governor in Council broad powers to authorize “serious harm” or to exempt water bodies from the application of section 35 altogether. Precisely how these powers will be used remains to be seen, but must be a concern for anyone concerned about effective protection of fish habitat.

A no-win situation for provinces The result is a no-win situation in which provincial governments must either accept inadequate protection of fish habitat, or chose to step in and take on such protection themselves, with the resulting cost and responsibility. Provincial governments which fail to step in will undoubtedly receive political pressure from those concerned about inadequate federal protection to do so, while governments which do will face the challenges of managing a fish habitat program within current budget constraints. Interestingly, Bill C-38 amends the habitat provisions of the Fisheries Act twice over. The first amendment, which comes into force when the Budget Implementation Act is signed into law, contains more modest changes to the habitat provisions. It is broadly consistent with the approach to habitat that has been part of the Fisheries Act since the 1970s, and which is effective and scientifically defensible. The “serious harm” version of section 35, discussed above, will not become law unless and until the Governor General in Council (federal Cabinet) brings it into force. We are informed by Fisheries and Oceans Canada that the intent is to bring the “serious harm” provisions into force roughly 6 months after the Budget Implementation Act becomes law, although it was emphasized that 6 month period, which they say is to be used to draft regulations, might well be extended. If this is correct, the initial amendments are intended to remain in force for a matter of months or possibly a year. This explanation of the need for two sets of amendments seems implausible. Bringing new laws into force for periods measured in months, and then replacing them, with the resulting disruption to government business, is inefficient and unnecessary. To the extent that drafting of regulations needs to be done, there would have been little problem with doing so under the current Act, in advance of the revised Act (and then bringing everything in force at the same time), or under the revised Act, if necessary with transitional provisions. The explanation for enacting two versions of the Act does not hold water. One possible explanation is that the federal government is not actually planning to enact the “serious harm” provisions of Bill C-38, but wishes to have the threat of such provisions coming into force down the road. That situation might well give rise to protracted public controversy, and controversy within Provincial governments, regarding the proposed changes, resulting in calls for the Provinces to step into a roll that they have no desire to fill. We have no concrete information that confirms this theory, but were it the case, then we can expect that the 6 month window for bringing in regulations and enacting the more egregious provisions will be pushed off, perhaps indefinitely.

Amendments to the Federal Page 115 of 286 Fisheries Act ... Agenda Item # 4.4

A patchwork of habitat protection The power to offload, combined with poor legislation, is an invitation for environmentally minded provinces to negotiate an offloading of habitat powers, even if those provinces might not wish to take over this responsibility. Indeed, the BC Wildlife Federation has already warned of this possible result (albeit at a time when the precise nature of the amendments was as yet unclear, but their analysis remains sound): Over the years BCWF volunteer members, though broad-based community stewardship partnerships across BC, have invested heavily in stream, river and lake fisheries habitat rehabilitation projects and have a stake in the protection of that substantial stewardship investment. The alteration of the provisions of Section 35 of the federal Fisheries Act would be a major step backward for these resources. If this approach is taken, groups such as ours will press the province to address the protection of aquatic habitat in legislation such as the proposed provincial Water Act. The potential mosaic of habitat provisions will not be in the interests of the environment, industry or Canada.7 Even if provincial laws could compensate for the inadequate protection of fish habitat contemplated by Bill C-38, which is uncertain, other results would include: Increased costs to already cash-strapped provinces, including a need for provinces to hire staff with additional expertise; As a result, the enforcement of fish habitat provisions may well be less well funded than it is at the federal level. Reliance on provincial governments that often have a poor track record when it comes to protecting fish habitat. For example, Fisheries and Oceans Canada has in the past criticized BC’s forestry laws for allowing harmful alteration of fish habitat. Provinces are often subject to political pressure from significant economic interests. The loss of a consistent national standard for fish habitat protection, resulting in an economic advantage to jurisdictions which implement weaker standards. New provincial infrastructure and programs, and a new status quo, which might create political barriers to a future Federal government seeking to reassert a meaningful federal role in fish habitat protection. We are not suggesting that the current government intends these results, but we think it likely that Bill C-38 and its Fisheries Act amendments will have these effects over time.

Letter to Prime Minister Stephen Harper from Rod Wiebe, President, BC Wildlife Federation, dated 15 March 2012.

Amendments to the Federal Page 116 of 286 Fisheries Act ... Agenda Item # 4.4

Technical Bulletin: Update on Bill C-38: Jobs, Growth and Long-term Prosperity Act From the Assembly of First Nations website: Scope of the Act Proposed amendments in Bill C-38 will change the purpose of the Fisheries Act, which currently is the protection of “fish, fish life and fish habitat of all fish” to the protection of “fisheries”. This will mean the Act will apply to fish of value for commercial, recreational and aboriginal fisheries. Aboriginal fisheries are specifically defined as “food, subsistence, social and ceremonial fisheries”, and officials have implied that this also includes aboriginal commercial fisheries.

Prohibitions within the new proposed Act Currently, the Fisheries Act prohibits: destroying fish by means other than fishing; harmfully altering, disrupting or destroying fish habitat, and depositing deleterious substances. Bill C-38 replaces prohibitions against harmfully changing habitat and destroying fish with a new prohibition against “Serious Harm” to fish. Serious Harm is understood to mean killing or permanently altering or destroying fish habitat. Under the Fisheries Act, destroying fish and harming habitat was permissible with authorization from the Minister. The new amendments will allow the Minister to create regulations that broadly permit activities or projects to be exempt from these prohibitions.

Regulatory Structures and Tools Bill C-38 makes amendments to the Fisheries Act that allows the Department of Fisheries and Oceans (DFO) to identify “prescribed waters,” or specific bodies of water, that are exempt from prohibitions. This means activity that harms fish in these waters would be permissible. It is suspected that these regulations are meant to apply to tailings ponds where fish exist or other man- made waters; however, we caution that the Metal Mining Effluent Regulations, which permit the deposit of mining effluents into bodies of water, were previously created to apply only to waters that were already seriously degraded.

The Fisheries Act provided broad prohibitions against depositing deleterious substances unless allowed by regulation and these amendments would allow for Ministerial discretion to allow deposits of harmful substances. In addition, under new regulations to be developed pursuant to these amendments, DFO can delegate authority through provincial legislation on authorities or other procedures that meet or beat the federal standards.

Conservation and Protection The amended Fisheries Act will enable the powers to designate “ecologically significant areas” that will require approvals for any projects to occur in those areas. Government has made reference that the new amendments will allow for “enforceable conditions” on permits, but it is currently unclear what this means. It will be difficult to assess the exemptions or changes until more information is provided and the scope of the regulatory process and policy framework is revealed.

Engagement and Consultation From what AFN has been able to determine to date, consultation on implementing these amendments will commence after Bill C-38 has received Royal Assent, when the government will undertake further work on analysis, regulations, and development of policies. Currently no resources have been identified for engagement or consultation, and it is not clear how the Government will address potential impacts to aboriginal and treaty rights.

The AFN has sent a preliminary list of sixteen questions to DFO requesting additional information on their proposed approach to consultation and accommodation, and overall engagement on amendments to the Fisheries Act.

Amendments to the Federal Page 117 of 286 Fisheries Act ... Agenda Item # 4.4

Canada's fish face upstream battle - Conservationists, scientists In contrast to those concerns, the business sector argues the fear changes to the Fisheries Act will irreparably damage habitat planned changes to the Fisheries Act are needed to foster economic development - not just for mega-projects, such as By Larry Pynn, Vancouver Sun, June 6, 2012 Enbridge's $5.5-billion Northern Gateway dual-pipeline project. Northern Gateway would cross some 1,000 streams on its 1,177- Otto Langer has devoted his adult life to protecting fish habitat. kilometre route from Alberta to Kitimat on the north coast. A federal panel is reviewing the Enbridge proposal. Now he wonders if it was all for nothing. The retired head of habitat assessment and planning for the federal Fisheries John Winter, president of the B.C. Chamber of Commerce, says Department in B.C. and Yukon describes the Conservative the new rules will benefit "anyone who uses the land," be they government's planned changes to the Fisheries Act as the biggest small or big business. setback to conservation law in Canada in half a century. And he He says the changes are long overdue, and Canada's business takes it very personally. sector is fed up with the discretionary powers of federal fisheries "I feel I have wasted my lifetime, that I should have done officers and biologists who protect fish habitat. something else," says Langer, who now predicts a gradual decline "It's significant," Winter says of their impact on the economy. in fish habitat if the changes take effect. "Impediments to growth - if there was a No. 1 culprit, it would be Through a massive package of proposed laws in Bill C-38, Ottawa [the Department of Fisheries and Oceans], followed closely by plans to limit federal protection of fish habitat to activities local governments." resulting in serious harm to fish that are part of a commercial, sport or aboriginal fishery. Across the country, hundreds of The federal Fisheries Act was enacted in 1868 and amended in scientists have condemned the change. 1977 to protect fish habitat. "It's going to remove freshwater protection for most fishes in Section 35 makes it an offence to carry on any work or Canada, which can't be a good thing," says University of B.C. undertaking that results in harmful alteration, disruption or zoology department professor Eric Taylor, who also cochairs a destruction of fish habitat, although it provides the minister with federal committee that advises the government on species at risk. discretionary powers to allow destruction. "Habitat is not just a place to live; it's a place to breed, rest, avoid That sweeping level of protection would be eliminated under Bill predators, get food." C-38, the Conservatives' Budget Implementation Bill, which has received second reading in the House of Commons. Taylor argues the Fisheries Department should be fighting for biodiversity. "They should have an interest in protecting Canada's The government would instead prohibit only "serious harm to fish aquatic biodiversity - for all Canadians. They now seem to be that are part of a commercial, recreational or aboriginal fishery or abandoning that." fish that support such a fishery." Minister of Fisheries and Oceans Keith Ashfield has said the Serious harm is defined as the "death of fish or any permanent changes will focus federal protection efforts "where they are alteration to, or destruction of, fish habitat." needed," provide clearer and more efficient regulations, and create partnerships with provinces, aboriginal groups and PROVINCES GAIN CONTROL conservation organizations. Bill C-38 also lays the groundwork for transferring greater He promised to provide better enforcement of the rules, and also responsibility for environmental assessments to the provinces - a to protect "ecologically significant areas," such as sensitive concern to critics, given that B.C.'s Environmental Assessment spawning grounds or where the cumulative impact of Office has hardly ever rejected a project outright. development is a concern. A case in point is Taseko Mines' plan to develop its New So-called minor works, such as cottage docks and irrigation Prosperity gold-copper deposits in the Chilcotin area southwest of ditches, will be identified and no longer require permits, said Williams Lake, a project that would have destroyed Fish Lake, Ashfield, who refused to be interviewed for this article. Little Fish Lake and portions of Fish Creek, including the loss of 90,000 rainbow trout, for a tailings impoundment area. Critics consider the bill a regressive step that is certain to have serious impacts on fish. A provincial environmental review okayed the mine, saying the economic benefits, including an estimated annual payroll of $32 FIRST NATIONS CONCERNED million, outweighed any environmental damage. Margot Venton, a lawyer with the environmental watchdog group A federal review panel nixed the project due to "significant Ecojustice, says "minor works" are not mentioned in the proposed adverse environmental effects on fish and fish habitat, on revisions. navigation, on the current use of lands and resources for traditional purposes by first nations," as well as adverse Instead, the bill would create a framework through which cumulative effects on grizzly bears in the south Chilcotin region. protection for fish and fish habitat "can be suspended for any work, undertaking or activity" on any Canadian fisheries water, A new federal hearing is underway into Taseko's revised plan for she says. the mine site. The Assembly of First Nations is also concerned that new Bill C-38 will also introduce time limits, which critics say will result regulations could limit opportunities for first nations to engage in in shoddy assessments on complex and environmentally the approval processes for major projects. challenging projects.

Amendments to the Federal Page 118 of 286 Fisheries Act ... Agenda Item # 4.4

The government says the limits are needed to prevent projects 'BIG CRACKS' from dragging on indefinitely. Biologist Mike Pearson of Pearson Ecological in Agassiz helped They include: 45 days for the Canadian Environmental Assessment write the recovery strategy for the Nooksack dace and Salish Agency to decide if an assessment is required, and up to two sucker. years for major reviews by the National Energy Board, with cabinet reserving the right to overturn decisions, including the "The changes will remove federal protection for a lot of what has Northern Gateway project. been defined as fish habitat, and there is not much effective provincial legislation to fill the gap," he says. "We're just making "It's part of a whole cultural change," says UBC's Eric Taylor. big cracks for them to fall through." "You get the impression Stephen Harper is the captain of a giant He warned it can take several years before Ottawa officially battleship and he's just incrementally turning it to the right. It's approves a species for listing under SARA and then comes up with like he's been chomping at the bit all those years in a minority a recovery plan that identifies and protects critical habitat. Fish government and now he can finally make Canada the way it are especially vulnerable because they can be harmed by should be." pollutants entering a river far upstream of their habitat even if it's protected. Two former Progressive Conservative fisheries ministers, John Fraser and Tom Siddon, have also expressed concerns over the For guidance on the fish habitat issue, environmental groups federal plan. frequently turn to Langer, who blew the whistle on the planned federal changes after receiving a leaked government document In B.C., however, Environment Minister Terry Lake doesn't seem last March. overly worried. Langer, a Richmond resident, retired in 2002 after 32 years with He says the federal changes appear to take a risk-based approach the federal Fisheries Department. He worked for the David Suzuki that could reduce red tape for projects that do not pose a serious Foundation before leaving for health reasons, and continues to threat to fish habitat. play a leading role in the assessment of regional projects with "You don't treat every waterway the same way," he says. environmental risks. On the other hand, critical salmon habitat, such as the Adams As a young stream protection biologist, Langer prepared River, would continue to receive protection, he says. submissions to the government in 1976 on the need for federal protection of fish habitat - achieved through a Fisheries Act Lake does have concerns about the federal government amendment in 1977 - after seeing habitat eroded in the lower downloading costs to the province, but says he will reserve final Fraser River. judgment until he sees the regulations that will implement the new laws. "Damn it, we got that amendment through," he says, noting that B.C. was one of the provinces that unsuccessfully challenged the Experience shows that habitat loss and degradation - from urban legislation in court. "I'm still surprised." development, farming, resource extraction and hydroelectric dams - are the most serious threats to freshwater fish. Langer says he has watched a steady decline in the application and enforcement of the Fisheries Act over the past decade. Now, Among those fish that would suffer under the Fisheries Act he argues, the Conservatives are about to deliver the final blow to changes are the Nooksack dace and Salish sucker, both fish habitat protection, something he's fought for all his adult life. endangered species and listed under the federal Species at Risk Act (SARA). They are found in Canada in only a few isolated The implications, he insists, are dire. streams in the Fraser Valley. "You could alter habitat, disrupt it, run bulldozers in streams. I Neither are used in commercial, recreational or aboriginal think it will be near impossible for a fisheries officer, a biologist, fisheries. an expert witness to show serious harm." "No one will ever fish for those things except some kid with a little pole on a summer afternoon," Taylor says. Canada became the first industrialized country in 1992 to ratify the United Nations Convention on Biological Diversity, an international treaty that responded, in part, to a global loss of aquatic biodiversity. An Environment Canada website states: "A society that lives and develops as a part of nature, values the diversity of life, takes no more than can be replenished and leaves to future generations a nurturing and dynamic world, rich in its biodiversity." Protection under SARA kicks in only after a species is in trouble and lacks the broader proactive protection offered by the Fisheries Act for all fish species. The federal government also does not accept all the recommendations of Taylor's advisory body, the Committee on the Status of Endangered Wildlife in Canada, for SARA listings - especially where there could be economic implications.

Amendments to the Federal Page 119 of 286 Fisheries Act ... Agenda Item # 4.4

provides is equivalent in effect to a provision of the BILL C-38 regulations. Amendments to the Fisheries Act Regulations 132. The heading before section 2 of the French version of (3) The Governor in Council may make regulations the Fisheries Act is replaced by the following: establishing the conditions under which the Minister may enter into or renew an agreement, including procedures for DÉFINITIONS ET INTERPRÉTATION entering into or renewing the agreement. 133. (1) The definition “obstruction” in subsection 2(1) of Agreements to be published the Act is replaced by the following: (4) The Minister shall publish an agreement in the manner “obstruction” means any slide, dam or other thing impeding that he or she considers appropriate. wholly or partially the free passage of fish; Declaration of equivalent provisions (2) Section 2 of the Act is amended by adding the following in alphabetical order: 4.2 (1) If an agreement entered into under section 4.1 provides that there is in force a provision under the laws “analyst” means a person who is designated under subsection of the province that is equivalent in effect to a provision 38(1) to perform the functions of an analyst; of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the (3) Subsection 2(1) of the Act is amended by adding the regulations do not apply in the province with respect to following in alphabetical order: the subject matter of the provision under the laws of the “Aboriginal”, in relation to a fishery, means that fish is province. harvested by an Aboriginal organization or any of its Non-application of provisions members for the purpose of using the fish as food or for subsistence or for social or ceremonial purposes; (2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are “commercial”, in relation to a fishery, means that fish is set out in the order do not apply within that province with harvested under the authority of a licence for the purpose respect to the subject matter of the provision under the of sale, trade or barter; laws of the province. “fish habitat” means spawning grounds and any other areas, Revocation including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order (3) The Governor in Council may revoke the order if the to carry out their life processes; Governor in Council is satisfied that the provision under the laws of the province is no longer equivalent in effect “fishway” means any device, work or other thing that to the provision of the regulations or is not being provides for the free passage of fish, including a canal, a adequately administered or enforced. fish pump, a fish ladder, a fish elevator and a fish lock; Notice to province “recreational”, in relation to a fishery, means that fish is harvested under the authority of a licence for personal (4) The Governor in Council may revoke the order only if use of the fish or for sport; the Minister has given notice of the proposed revocation to the province. (4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: Order ceases to have effect Serious harm to fish (5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to (2) For the purposes of this Act, serious harm to fish is which the order relates terminates or is terminated. the death of fish or any permanent alteration to, or destruction of, fish habitat. Report to Parliament 134. The Act is amended by adding the following after 4.3 The Minister shall, as soon as feasible after the end section 4: of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration of AGREEMENTS, PROGRAMS AND PROJECTS sections 4.1 and 4.2 in that fiscal year. Minister may enter into agreements Objectives 4.1 (1) The Minister may enter into an agreement with a 4.4 (1) The Minister may implement programs and projects province to further the purposes of this Act, including an for the purposes of this Act and, to facilitate the agreement with respect to one or more of the following: implementation of a program or project, may (a) facilitating cooperation between the parties to the (a) make grants and contributions; agreement, including facilitating joint action in areas of common interest, reducing overlap between their respective (b) make loans; programs and otherwise harmonizing those programs; (c) make recoverable expenditures on behalf of any person (b) facilitating enhanced communication between the or body, or any federal or provincial minister, department parties, including the exchange of scientific and other or agency; and information; and (d) guarantee the repayment of any financial obligation, or (c) facilitating public consultation or the entry into provide loan insurance or credit insurance in respect of arrangements with third-party stakeholders. such an obligation. Contents of agreement Regulations (2) An agreement may establish (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations (a) the roles, powers and functions of the parties; respecting such grants, contributions, loans, guarantees (b) programs and projects; and insurance. (c) principles and objectives of the parties’ respective Agreements, etc. programs and projects; (3) In exercising powers and performing functions under (d) standards, guidelines and codes of practice to be subsection (1), the Minister may followed by the parties in the administration of their (a) enter into agreements — including an agreement under respective programs and projects; section 4.1 — or arrangements or transactions with any (e) processes for policy development, operational planning person or body, or any federal or provincial minister, and communication between the parties, including the department or agency; and exchange of scientific and other information; (b) with the approval of the Minister of Finance, (f) the administrative structures that will be used to requisition amounts in respect of such an agreement, carry out the agreement’s objectives; arrangement or transaction to be paid out of the Consolidated Revenue Fund. (g) the power of the parties to create committees and public panels and to conduct public consultations; and 135. The Act is amended by adding the following after section 5: (h) the circumstances and manner in which the province is to provide information on the administration and FACTORS TO BE TAKEN INTO ACCOUNT enforcement of a provision of its laws that the agreement Factors

Amendments to the Federal Page 120 of 286 Fisheries Act ... Agenda Item # 4.4

or under paragraph 37(3)(c) or 43(1)(i.01) or subsection unobstructed part of a river, stream or tidal stream 43(5), and before exercising any power under subsection referred to in paragraph (a); 20(2) or (3) or 21(1), paragraph 35(2)(b) or (c) or subsection 35(3), or under subsection 37(2) with regard to (c) damage or obstruct any fishway constructed or used to an offence under subsection 40(1) or with regard to harm to enable fish to pass over or around any obstruction; fish, the Minister shall consider the following factors: (d) damage or obstruct any fishway, fish stop or diverter (a) the contribution of the relevant fish to the ongoing constructed or installed on the Minister’s request; productivity of commercial, recreational or Aboriginal (e) stop or hinder fish from entering or passing through fisheries; any fishway, or from surmounting any obstacle or leap; (b) fisheries management objectives; (f) damage, remove or authorize the removal of any fish (c) whether there are measures and standards to avoid, guard, screen, covering, netting or other device installed mitigate or offset serious harm to fish that are part of a on the Minister’s request; or commercial, recreational or Aboriginal fishery, or that (g) fish in any manner within 23 m downstream from the support such a fishery; and lower entrance to any fishway, obstruction or leap. (d) the public interest. Exception — removal for repairs Purpose (5) Despite paragraph (4)(f), a person may remove or 6.1 The purpose of section 6, and of the provisions set out authorize the removal of any fish guard, screen, covering, in that section, is to provide for the sustainability and netting or other device installed on the Minister’s request ongoing productivity of commercial, recreational and if the removal is required for modification, repair or Aboriginal fisheries. maintenance. 136. The heading before section 20 and sections 20 to 22 of Devices to prevent escape of fish the Act are replaced by the following: 21. (1) The Minister may authorize the installation and FISHWAYS maintenance of fish guards, screens, coverings, netting or other devices in waters to prevent fish held for breeding Studies, analyses, samplings and evaluations from escaping or for any other purpose that the Minister considers to be in the public interest. 20. (1) If the Minister considers that doing so is necessary to ensure the free passage of fish or to prevent Removal harm to fish, the owner or person who has the charge, management or control of an obstruction or any other thing (2) No person shall damage, remove or authorize the removal that is harmful to fish shall, on the Minister’s request of such a fish guard, screen, covering, netting or other and within the period specified by the Minister, conduct device, unless they are authorized to do so by the studies, analyses, samplings and evaluations, and provide Minister. the Minister with any document or other information 137. Sections 26 and 27 of the Act are repealed. relating to them, to the obstruction or thing or to the fish or fish habitat that is affected or is likely to be 138. Section 30 of the Act is repealed. affected by the obstruction or thing. 139. (1) Section 32 of the Act is replaced by the Minister’s request following: (2) If the Minister considers that doing so is necessary to Killing of fish ensure the free passage of fish or to prevent harm to fish, 32. (1) No person shall kill fish by any means other than the owner or person who has the charge, management or fishing. control of an obstruction or any other thing that is harmful to fish shall, on the Minister’s request, within Exception the period specified by the Minister and in accordance with (2) No person contravenes subsection (1) if the killing of any specifications of the Minister, fish (a) remove the obstruction or thing; (a) is done as a result of carrying on a prescribed work, (b) construct a fishway; undertaking or activity in or around any prescribed Canadian fisheries waters and is done in accordance with (c) implement a system of catching fish before the any prescribed conditions; obstruction or thing, transporting them beyond it and releasing them back into the water; (b) is done in accordance with the regulations; (d) install a fish stop or a diverter; (c) is authorized by the Minister and is done in accordance with the conditions established by the Minister; (e) install a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any (d) is authorized by a prescribed person or entity and is water intake, ditch, channel or canal; done in accordance with the prescribed conditions; or (f) maintain the flow of water that the Minister considers (e) is done as a result of doing anything that is sufficient to permit the free passage of fish; or authorized, otherwise permitted or required under this Act. (g) permit the escape, into the water below the obstruction Failure to comply with conditions or thing, at all times of the quantity of water that the (3) Every person who fails to comply with a condition Minister considers sufficient for the safety of fish or for imposed under any of paragraphs (2)(a) to (d) that applies the flooding of fish habitat to an appropriate depth. to them is guilty of an offence punishable on summary Modification, repair and maintenance conviction and liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to (3) On the Minister’s request, the owner or person referred a fine of not more than $100,000 or to imprisonment for a to in subsection (2) shall term of not more than six months, or to both. (a) make any provision that the Minister considers (2) Section 32 of the Act is repealed. necessary for the free passage of fish or to prevent harm to fish during the construction, implementation, 140. The heading before section 34 of the Act is replaced installation, modification or repair of anything mentioned by the following: in that subsection; FISHERIES PROTECTION AND POLLUTION PREVENTION (b) operate and maintain that thing in a good and effective 141. The definition “fish habitat” in subsection 34(1) of condition and in accordance with any specifications of the the Act is repealed. Minister; and 142. (1) Section 35 of the Act is replaced by the (c) modify or repair it in accordance with any following: specifications of the Minister. Alteration, disruption or destruction of fish habitat Obstruction of free passage of fish 35. (1) No person shall carry on any work, undertaking or (4) No person shall activity that results in the harmful alteration or (a) obstruct more than two-thirds of the width of any river disruption, or the destruction, of fish habitat. or stream or more than one-third of the width of the main Exception channel at low tide of any tidal stream; (2) A person may carry on a work, undertaking or activity (b) use or place any kind of net or other fishing without contravening subsection (1) if apparatus, logs or any material of any kind in the

Amendments to the Federal Page 121 of 286 Fisheries Act ... Agenda Item # 4.4

(a) the work, undertaking or activity is a prescribed work, (iii) works, undertakings and activities. undertaking or activity, or is carried on in or around prescribed Canadian fisheries waters, and the work, Directions by the Minister undertaking or activity is carried on in accordance with (6) A person authorized to deposit a delete-riots substance the prescribed conditions; by or under regulations made under subsection (5) or (5.2) (b) the carrying on of the work, undertaking or activity is shall, when directed by the Minister, despite any authorized by the Minister and the work, undertaking or regulations made under paragraph (5)(e) or (5.2)(d) or any activity is carried on in accordance with the conditions conditions set out in an authorization made under paragraph established by the Minister; (5)(f), conduct any sampling, analyses, tests, measurements or monitoring, install or operate any equipment or comply (c) the carrying on of the work, undertaking or activity is with any procedures, and report any information, that is authorized by a prescribed person or entity and the work, required by the Minister in order to determine whether the undertaking or activity is carried on in accordance with person is depositing the deleterious substance in the the prescribed conditions; manner authorized. (d) the harmful alteration or disruption, or the 144. (1) Subsections 37(1) and (2) of the Act are replaced destruction, of fish habitat is produced as a result of by the following: doing anything that is authorized, otherwise permitted or required under this Act; or Minister may require plans and specifications (e) the work, undertaking or activity is carried on in 37. (1) If a person carries on or proposes to carry on any accordance with the regulations. work, undertaking or activity that results or is likely to result in the alteration, disruption or destruction of fish (2) Subsection 35(1) of the Act is replaced by the habitat, or in the deposit of a deleterious substance in following: water frequented by fish or in any place under any conditions where that deleterious substance or any other Serious harm to fish deleterious substance that results from the deposit of that 35. (1) No person shall carry on any work, undertaking or deleterious substance may enter any such waters, the person activity that results in serious harm to fish that are part shall, on the request of the Minister — or without request of a commercial, recreational or Aboriginal fishery, or to in the manner and circumstances prescribed by regulations fish that support such a fishery. made under paragraph (3)(a) — provide the Minister with any plans, specifications, studies, procedures, schedules, (3) Paragraph 35(2)(d) of the Act is replaced by the analyses, samples, evaluations and other information following: relating to the work, undertaking or activity, or to the (d) the serious harm is produced as a result of doing water, place or fish habitat that is or is likely to be anything that is authorized, otherwise permitted or affected by the work, undertaking or activity, that will required under this Act; or enable the Minister to determine (4) Section 35 of the Act is amended by adding the (a) whether the work, undertaking or activity results or is following after subsection (2): likely to result in any alteration, disruption or destruction of fish habitat that constitutes or would Regulations constitute an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate its (3) The Minister may, for the purposes of paragraph (2)(a), effects; or make regulations prescribing anything that is authorized to be prescribed. (b) whether there is or is likely to be a deposit of a deleterious substance by reason of the work, undertaking or Statutory Instruments Act activity that constitutes or would constitute an offence (4) Regulations made under subsection (3) are exempt from under subsection 40(2) and what measures, if any, would section 3 of the Statutory Instruments Act. prevent that deposit or mitigate its effects. 143. (1) Subsection 36(4) of the Act is amended by deleting Powers of Minister “or” at the end of paragraph (a) and by replacing paragraph (2) If, after reviewing any material or information (b) with the following: provided under subsection (1) and affording the persons who (b) a deleterious substance of a class and under conditions provided it a reasonable opportunity to make — which may include conditions with respect to quantity or representations, the Minister or a person designated by the concentration — authorized under regulations made under Minister is of the opinion that an offence under subsection subsection (5) applicable to that water or place or to any 40(1) or (2) is being or is likely to be committed, the work or undertaking or class of works or undertakings; or Minister or the person designated by the Minister may, by order, subject to regulations made under paragraph (3)(b), (c) a deleterious substance the deposit of which is or, if there are no such regulations in force, with the authorized by regulations made under subsection (5.2) and approval of the Governor in Council, that is deposited in accordance with those regulations. (a) require any modifications or additions to the work, (2) Subsection 36(6) of the Act is replaced with the undertaking or activity or any modifications to any plans, following: specifications, procedures or schedules relating to it that Regulations — Governor in Council the Minister or the designated person considers necessary in the circumstances, or (5.1) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s (b) restrict the carrying on of the work, undertaking or regulation-making power under subsection (5.2). activity. Regulations — Minister The Minister or the designated person may also, with the approval of the Governor in Council in any case, direct the (5.2) If regulations have been made under subsection (5.1), closing of the work or undertaking or the ending of the the Minister may make regulations activity for any period that the Minister or the designated person considers necessary in the circumstances. (a) authorizing the deposit of deleterious substances specified in the regulations, or substances falling within (2) Subsections 37(1) and (2) of the Act are replaced by a class of deleterious substances specified in the the following: regulations; Minister may require plans and specifications (b) authorizing the deposit of deleterious substances into waters or places falling within a class of waters or 37. (1) If a person carries on or proposes to carry on any places; work, undertaking or activity that results or is likely to result in serious harm to fish that are part of a (c) authorizing the deposit of deleterious substances commercial, recreational or Aboriginal fishery, or to fish resulting from a work, undertaking or activity falling that support such a fishery, or in the deposit of a within a class of works, undertakings or activities; deleterious substance in water frequented by fish or in any place under any conditions where that delete-riots (d) establishing conditions, which may include conditions substance or any other deleterious substance that results with respect to quantity or concentration, for the deposit from the deposit of that deleterious substance may enter of deleterious substances referred to in paragraphs (a) to any such waters, the person shall, on the request of the (c); and Minister — or without request in the manner and (e) establishing, for the purposes of paragraphs (a) to circumstances prescribed by regulations made under (c), classes of paragraph (3)(a) — provide the Minister with any plans, specifications, studies, procedures, schedules, analyses, (i) deleterious substances, samples, evaluations and other information relating to the (ii) waters and places, and work, undertaking or activity, or to the water, place or

Amendments to the Federal Page 122 of 286 Fisheries Act ... Agenda Item # 4.4

fish habitat that is or is likely to be affected by the (3) An inspector may, for a purpose related to verifying work, undertaking or activity, that will enable the compliance with this Act, enter any place or premises, Minister to determine including a vehicle or vessel — other than a private dwelling-place or any part of any place or premises, (a) whether the work, undertaking or activity results or is including a vehicle or vessel, used as a permanent or likely to result in any serious harm to fish that are part temporary private dwelling-place — in which the inspector of a commercial, recreational or Aboriginal fishery, or to believes on reasonable grounds that fish that support such a fishery, that constitutes or would constitute an offence under subsection 40(1) and what (a) there is anything that is detrimental to fish habitat; measures, if any, would prevent that result or mitigate its or effects; or (b) there has been carried on, is being carried on or is (b) whether there is or is likely to be a deposit of a likely to be carried on any work, undertaking or activity deleterious substance by reason of the work, undertaking or resulting or likely to result in activity that constitutes or would constitute an offence under subsection 40(2) and what measures, if any, would (i) the alteration or disruption of fish habitat, or prevent that deposit or mitigate its effects. (ii) the deposit of a substance in water frequented by fish Ecologically significant areas or in any place under any conditions where the substance or any other substance that results from the deposit of the (1.1) If a person proposes to carry on any work, substance may enter any such water. undertaking or activity in any ecologically significant area, the person shall, on the request of the minister — or Powers on entry without request in the manner and circumstances prescribed (3.1) The inspector may, for a purpose related to verifying by regulations made under paragraph (3)(a) — provide the compliance with this Act, examine any substance or product Minister with any prescribed material and other information in the place or premises, take samples of it and conduct relating to the work, undertaking or activity, or to the tests and measurements. water, place or fish habitat that is or is likely to be affected by the work, undertaking or activity. Duty to notify — alteration, disruption, destruction Powers of Minister (4) Every person shall without delay notify an inspector, a fishery officer or an authority prescribed by the (2) If, after reviewing any material or information regulations of a harmful alteration or disruption or a provided under subsection (1) or (1.1) and affording the destruction of fish habitat that is not authorized under persons who provided it a reasonable opportunity to make this Act, or of a serious and imminent danger of such an representations, the Minister or a person designated by the occurrence, if the person at any material time Minister is of the opinion that an offence under subsection 40(1) or (2) is being or is likely to be committed, or that (a) owns or has the charge, management or control of the the work, undertaking or activity results or is likely to work, undertaking or activity that resulted in the result in harm to fish in an ecologically significant area, alteration, disruption or destruction of fish habitat or the Minister or the designated person may, by order, the danger of the alteration, disruption or destruction; or subject to regulations made under paragraph (3)(b), (b) causes or contributes to the occurrence or the danger (a) require any modifications or additions to the work, of the occurrence. undertaking or activity or any modifications to any plans, Duty to notify — deleterious substance specifications, procedures or schedules relating to it that the Minister or the designated person considers necessary (5) If there occurs a deposit of a deleterious substance in in the circumstances, or water frequented by fish that is not authorized under this Act, or if there is a serious and imminent danger of such (b) restrict the carrying on of the work, undertaking or an occurrence, and detriment to fish habitat or fish or to activity. the use by humans of fish results or may reasonably be The Minister or the designated person may also direct the expected to result from the occurrence, then every person closing of the work or undertaking or the ending of the shall without delay notify an inspector, a fishery officer activity for any period that the Minister or the designated or an authority prescribed by the regulations if the person person considers necessary in the circumstances. at any material time (3) The portion of subsection 37(3) of the French version (a) owns or has the charge, management or control of of the Act before paragraph (a) is replaced by the (i) the deleterious substance, or following: (ii) the work, undertaking or activity that resulted in the Règlements(3) Le gouverneur en conseil peut, par règlement deposit or the danger of the deposit; or : (b) causes or contributes to the occurrence or the danger (4) Paragraph 37(3)(a) of the Act is replaced by the of the occurrence. following: Duty to take corrective measures (a) prescribing the manner and circumstances in which any information or material shall be provided to the Minister (6) Any person described in paragraph (4)(a) or (b) or without request under subsection (1) or (1.1); (5)(a) or (b) shall, as soon as feasible, take all reasonable measures consistent with public safety and with (5) Paragraph 37(3)(b) of the French version of the Act is the conservation and protection of fish and fish habitat to replaced by the following: prevent the occurrence or to counteract, mitigate or remedy b) prévoir les cas où le ministre ou son délégué peut any adverse effects that result from the occurrence or prendre l’arrêté visé au paragraphe (2), ainsi que les might reasonably be expected to result from it. modalités de fond et de forme applicables; Report (6) Subsection 37(3) of the Act is amended by adding “and” (7) As soon as feasible after the occurrence or after at the end of paragraph (b) and by adding the following learning of the danger of the occurrence, the person shall after paragraph (b): provide an inspector, fishery officer or an authority (c) defining “ecologically significant area” for the prescribed by the regulations with a written report on the purposes of subsection (1.1). occurrence or danger of the occurrence. 145. (1) Subsections 38(1) to (10) of the Act are replaced Corrective measures by the following: (7.1) If an inspector or fishery officer, whether or not Power to designate they have been notified under subsection (4) or (5) or provided with a report under subsection (7), is satisfied 38. (1) The Minister may designate persons or classes of on reasonable grounds that immediate action is necessary in persons as inspectors or analysts for the purposes of the order to take any measures referred to in subsection (6), administration and enforcement of this Act. the inspector or officer may, subject to subsection (7.2), Certificate to be produced take any of those measures at the expense of any person described in paragraph (4)(a) or (b) or (5)(a) or (b) or (2) The Minister shall provide every inspector with a direct such a person to take them at that person’s expense. certificate of designation and on entering any place or premises referred to in subsection (3) an inspector shall, Inconsistency if so required, show the certificate to the person in (7.2) Any direction of an inspector or fishery officer charge. under this section that is inconsistent with any direction Authority to enter under the Canada Shipping Act, 2001 is void to the extent of the inconsistency.

Amendments to the Federal Page 123 of 286 Fisheries Act ... Agenda Item # 4.4

Access to property inspector named in the warrant to enter and search any place or premises referred to in subsection (1), subject to (8) For the purposes of subsections (4) to (7.1), any any conditions that are specified in the warrant, if the inspector or other person may enter and have access through justice is satisfied by information on oath that there are any place or premises, including a vehicle or vessel — reasonable grounds to believe that there is in the place or other than a private dwelling-place or any part of any premises place or premises, including a vehicle or vessel, used as a permanent or temporary private dwelling-place — and may (a) anything on or in respect of which an offence under take all reasonable measures in order to ensure that those subsection 40(1), (2) or (3) is being or has been subsections are complied with. However, nothing in this committed; or subsection relieves any person from liability at law for illegal or negligent acts or omissions or for loss or (b) anything that there are reasonable grounds to believe damage caused to others by the entry, access or measure. will afford evidence with respect to the commission of an offence under subsection 40(1), (2) or (3). Regulations Use of force (9) The Governor in Council may make regulations prescribing (3) In executing a warrant issued under subsection (2), an inspector named in the warrant may use force only if they (a) the authority for the purposes of subsection (4) or are accompanied by a peace officer and the use of force has (5), the manner in which the notification under those been specifically authorized in the warrant. subsections is to be made, the information to be contained in the notification and the circumstances in which no When warrant not necessary notification need be made; (4) A fishery officer or inspector may exercise the powers (b) the authority for the purposes of subsection (7), the of entry and search referred to in subsection (1) without a manner in which the report under that subsection is to be warrant issued under subsection (2) if the conditions for made, the information to be contained in the report and the obtaining the warrant exist but by reason of exigent circumstances in which no report need be made; circumstances it would not be practical to obtain the warrant. (c) the manner in which inspectors and fishery officers may take any measures or give any directions under subsection Exigent circumstances (7.1) and the conditions to which those measures are (5) For the purposes of subsection (4), exigent subject; circumstances include circumstances in which the delay (d) the manner and circumstances in which any measures necessary to obtain a warrant would result in danger to taken or directions given under subsection (7.1) may be human life or safety or the loss or destruction of reviewed, rescinded or varied; and evidence. (e) any other matters necessary for or incidental to 147. (1) The portion of subsection 40(1) of the English carrying out the purposes and provisions of this section. version of the Act before paragraph (a) is replaced by the following: Assistance to inspectors Offence and punishment (10) The owner or person in charge of any place or premises entered by an inspector under subsection (3) and every 40. (1) Every person who contravenes subsection 35(1) is person found there shall give the inspector all reasonable guilty of an offence and liable assistance to enable the inspector to carry out their (2) Paragraphs 40(1)(a) and (b) of the Act are replaced by duties and functions under this section and shall provide the following: the inspector with any information with respect to verifying compliance with this Act that the inspector (a) on conviction on indictment, requires. (i) in the case of an individual, (2) Subparagraph 38(3)(b)(i) of the Act is replaced by the (A) for a first offence, to a fine of not less than $15,000 following: and not more than $1,000,000, and (i) serious harm to fish that are part of a commercial, (B) for a second or subsequent offence, to a fine of not recreational or Aboriginal fishery, or to fish that support less than $30,000 and not more than $2,000,000, or to such a fishery, imprisonment for a term not exceeding three years, or to (3) The portion of subsection 38(4) of the Act before both, paragraph (b) is replaced by the following: (ii) in the case of a person, other than an individual or a Duty to notify — serious harm to fish corporation referred to in subparagraph (iii), (4) Every person shall without delay notify an inspector, a (A) for a first offence, to a fine of not less than fishery officer or an authority prescribed by the $500,000 and not more than $6,000,000, and regulations of an occurrence that results in serious harm (B) for a second or subsequent offence, to a fine of not to fish that are part of a commercial, recreational or less than $1,000,000 and not more than $12,000,000, and Aboriginal fishery, or to fish that support such a fishery, that is not authorized under this Act, or of a serious and (iii) in the case of a corporation that the court has imminent danger of such an occurrence, if the person at any determined to be a small revenue corporation, material time (A) for a first offence, to a fine of not less than $75,000 (a) owns or has the charge, management or control of the and not more than $4,000,000, and work, undertaking or activity that resulted in the (B) for a second or subsequent offence, to a fine of not occurrence or the danger of the occurrence; or less than $150,000 and not more than $8,000,000; or (4) Paragraph 38(4)(b) of the French version of the Act is (b) on summary conviction, replaced by the following: (i) in the case of an individual, b) celle qui est à l’origine des dommages, ou y contribue. (A) for a first offence, to a fine of not less than $5,000 146. The Act is amended by adding the following after and not more than $300,000, and section 38: (B) for a second or subsequent offence, to a fine of not Search less than $10,000 and not more than $600,000, or to 39. (1) A fishery officer or inspector who has a warrant imprisonment for a term not exceeding six months, or to issued under subsection (2) in which the officer or both, inspector is named may enter any place or premises, (ii) in the case of a person, other than an individual or a including a vehicle or vessel — other than a private corporation referred to in subparagraph (iii), dwelling-place or any part of any place or premises, including a vehicle or vessel, used as a permanent or (A) for a first offence, to a fine of not less than temporary private dwelling-place — in which the officer or $100,000 and not more than $4,000,000, and inspector has reasonable grounds to believe that an offence under subsection 40(1), (2) or (3) is being or has been (B) for a second or subsequent offence, to a fine of not committed and search the place, premises, vehicle or vessel less than $200,000 and not more than $8,000,000, and for evidence of the offence. (iii) in the case of a corporation that the court has Authority to issue warrant determined to be a small revenue corporation, (2) On ex parte application, a justice of the peace may (A) for a first offence, to a fine of not less than $25,000 issue a warrant authorizing any fishery officer or and not more than $2,000,000, and

Amendments to the Federal Page 124 of 286 Fisheries Act ... Agenda Item # 4.4

(B) for a second or subsequent offence, to a fine of not with a condition set out in the regulations or established less than $50,000 and not more than $4,000,000. under any other authorization issued under this Act, (3) The portion of subsection 40(2) of the English version (a.1) fails to provide any material or information as of the Act before paragraph (a) is replaced by the requested by the Minister under subsection 37(1) within a following: reasonable time after the request is made, Offence and punishment (7) Paragraph 40(3)(a.1) of the Act is replaced by the following: (2) Every person who contravenes subsection 36(1) or (3) is guilty of an offence and liable (a.1) fails to provide any material or information as requested by the Minister under subsection 37(1) or (1.1) (4) Paragraphs 40(2)(a) and (b) of the Act are replaced by within a reasonable time after the request is made, the following: (8) Paragraphs 40(3)(c) to (f) of the Act are replaced by (a) on conviction on indictment, the following: (i) in the case of an individual, (c) fails to provide notification that he or she is (A) for a first offence, to a fine of not less than $15,000 required to provide under subsection 38(4) or (5), and not more than $1,000,000, and (d) carries on any work, undertaking or activity described (B) for a second or subsequent offence, to a fine of not in subsection 37(1) less than $30,000 and not more than $2,000,000, or to (i) otherwise than in accordance with any material or imprisonment for a term not exceeding three years, or to information relating to the work, undertaking or activity both, that he or she provides to the Minister under subsection (ii) in the case of a person, other than an individual or a 37(1), corporation referred to in subparagraph (iii), (ii) otherwise than in accordance with any such material or (A) for a first offence, to a fine of not less than information as required to be modified by any order of the $500,000 and not more than $6,000,000, and Minister under paragraph 37(2)(a), or (B) for a second or subsequent offence, to a fine of not (iii) contrary to any order made by the Minister under less than $1,000,000 and not more than $12,000,000, and subsection 37(2), (iii) in the case of a corporation that the court has (e) fails to take any reasonable measures that he or she is determined to be a small revenue corporation, required to take under subsection 38(6) or fails to take those measures in the required manner, (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (f) fails to provide a report that he or she is required to provide under subsection 38(7), or (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (g) fails to comply with the whole or any part of a direction of an inspector or a fishery officer under (b) on summary conviction, subsection 38(7.1), (i) in the case of an individual, (9) The portion of paragraph 40(3)(d) of the Act before (A) for a first offence, to a fine of not less than $5,000 subparagraph (ii) is replaced by the following: and not more than $300,000, and (d) carries on any work, undertaking or activity described (B) for a second or subsequent offence, to a fine of not in subsection 37(1) or (1.1) less than $10,000 and not more than $600,000, or to (i) otherwise than in accordance with any material or imprisonment for a term not exceeding six months, or to information relating to the work, undertaking or activity both, that he or she provides to the Minister under subsection (ii) in the case of a person, other than an individual or a 37(1) or (1.1), corporation referred to in subparagraph (iii), (10) Subsection 40(3) of the Act is amended by striking out (A) for a first offence, to a fine of not less than “or” at the end of paragraph (f), by adding “or” and the $100,000 and not more than $4,000,000, and end of paragraph (g) and adding the following after paragraph (g): (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and (h) fails to comply with a request of the Minister made under section 20, (iii) in the case of a corporation that the court has determined to be a small revenue corporation, 148. Subsection 42.1(1) of the Act is replaced by the following: (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and Annual report (B) for a second or subsequent offence, to a fine of not 42.1 (1) The Minister shall, as soon as feasible after the less than $50,000 and not more than $4,000,000. end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the (5) Section 40 of the Act is amended by adding the administration and enforcement of the provisions of this following after subsection (2): Act relating to fisheries protection and pollution prevention for that year. Small revenue corporation status 149. (1) Section 43 of the Act is amended by adding the (2.1) For the purpose of subsections (1) and (2), a court following after paragraph (i): may determine a corporation to be a small revenue corporation if the court is satisfied that the (i.1) for the purposes of paragraphs 32(2)(a) and 35(2)(a), corporation’s gross revenues for the 12 months immediately prescribing anything that is authorized to be prescribed; before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, (i.2) respecting applications for the authorizations for the 12 months immediately before the first day on which referred to in paragraph 32(2)(c) or (d) or 35(2)(b) or the subject matter of the proceedings arose — were not more (c); than $5,000,000. (i.3) prescribing the conditions under which and Relief from minimum fine requirements subject to which persons or entities referred to in paragraph 32(2)(d) or 35(2)(c) may grant the (2.2) The court may impose a fine that is less than the authorization; minimum amount provided for in subsection (1) or (2) if it is satisfied, on the basis of evidence submitted to the (i.4) respecting time limits for issuing authorizations court, that the minimum fine would cause undue financial referred to in paragraph 32(2)(c) or (d) or 35(2)(b) or hardship. The court shall provide reasons if it imposes a (c), or for refusing to do so; fine that is less than the minimum amount provided for in (2) Paragraphs 43(1)(i.1) to (i.4) of the Act are replaced either of those subsections. by the following: (6) Paragraph 40(3)(a) of the Act is replaced by the (i.01) excluding fisheries from the definitions following: “Aboriginal”, “commercial” and “recreational”; (a) in carrying on a work, undertaking or activity, fails (i.1) for the purposes of paragraph 35(2)(a), prescribing to comply with a prescribed condition of an authorization anything that is authorized to be prescribed; under paragraph 35(2)(a) or (c), with a condition established by the Minister under paragraph 35(2)(b), or (i.2) respecting applications for the authorizations referred to in paragraph 35(2)(b) or (c);

Amendments to the Federal Page 125 of 286 Fisheries Act ... Agenda Item # 4.4

(i.3) prescribing the conditions under which and fishery officer, a fishery guardian, any authority requirements subject to which persons or entities referred designated by a fishery officer or a fishery guardian or to in paragraph 35(2)(c) may grant the authorization; any authority prescribed under paragraph 38(9)(a) or (b) who is carrying out duties or functions under this Act. (i.4) respecting time limits for issuing authorizations referred to in paragraph 35(2)(b) or (c), or for refusing 152. The heading before section 66 and sections 66 and 67 to do so; of the Act are repealed. (3) Section 43 of the Act is amended by deleting “and” at 153. Section 69 of the Act is repealed. the end of paragraph (l) and by adding the following after paragraph (m): 154. Section 82 of the Act is replaced by the following: (n) establishing a list of aquatic invasive species; Limitation period (o) respecting the control of aquatic invasive species, 82. A proceeding by way of summary conviction in respect of including regulations an offence under this Act may not be commenced later than five years after the day on which the offence was (i) respecting the prevention of the spread of such committed. species, 155. The Act is amended by adding the following after (ii) respecting the possession of members of such species, section 88: and their import, export and transport, INCORPORATION BY REFERENCE (iii) respecting the release of members of such species into Canadian fisheries waters, Externally produced material (iv) respecting the handling of members of such species, or 89. (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than (v) requiring any person to keep any record, book or other the Minister, including by a government, a government document containing any information relevant to the control agency or an international body. of such species, and respecting where, how and how long they are to be kept; and Jointly produced material (p) prescribing anything that is required or authorized by (2) A regulation made under this Act may incorporate by this Act to be prescribed. reference material produced jointly by the Minister and a government or government agency for the purpose of (4) Section 43 of the Act is renumbered as subsection 43(1) harmonizing the regulation with other laws. and is amended by adding the following: Internally produced standards Regulations — Governor in Council (3) A regulation made under this Act may incorporate by (2) The Governor in Council may make regulations reference technical or explanatory material produced by the establishing conditions for the exercise of the Minister’s Minister, such as specifications, test methods, procedures, power to make regulations under subsection (3). construction standards, operational standards, safety standards and performance standards of a technical nature. Amendments to list of aquatic invasive species Incorporation as amended from time to time (3) The Minister may, by regulation, add species to the list of aquatic invasive species established by regulations (4) Material may be incorporated by reference as it exists made under paragraph (1)(n) or remove species from that on a particular date or as it is amended from time to time. list, and vary the places to which regulations made under paragraph (1)(o) apply. Transmission and publication Statutory Instruments Act (5) For greater certainty, a document that is incorporated by reference in a regulation is not required to be (4) Regulations made under subsection (3) are exempt from transmitted for registration or publication in the Canada section 3 of the Statutory Instruments Act. Gazette by reason only that it is incorporated by reference. (5) Section 43 of the Act is amended by adding the following after subsection (4): Interpretation Regulations exempting certain Canadian fisheries waters (6) Subsections (1) to (5) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. (5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of Defence sections 20, 21 and 35 and subsection 38(4). 90. A person is not liable to be found guilty of an offence 150. The Act is amended by adding the following after for any contravention in respect of which a document that section 43: is incorporated by reference in a regulation is relevant unless, at the time of the alleged contravention, it was Recommendation accessible as required by section 91 or was accessible to 43.1 Orders and regulations under subsections 4.2(1) and the person. (3), 34(2), 36(5) and (5.1), 37(3) and 38(9) and section 43 Accessibility of incorporated documents are made on the recommendation of the Minister or, if they are made for the purposes of and in relation to the subject 91. The Minister shall ensure that any document that is matters set out in an order made under section 43.2, on the incorporated by reference under subsection 89(1) is recommendation of the minister designated under that accessible. section. Coming into Force Designation 156. Section 132, subsections 133(1), (3) and (4), sections 43.2 (1) The Governor in Council may, on the recommendation 135 to 138, subsection 139(2), sections 140 and 141, of the Minister and any other federal minister, by order, subsections 142(2) to (4), 144(2) to (6), 145(2) to (4) and designate that other minister as the minister responsible 147(1) to (5), (7), (9) and (10), section 148, subsections for the administration and enforcement of subsections 36(3) 149(2) and (5) and sections 152 and 153 come into force on to (6) for the purposes and in relation to the subject- a day to be fixed by order of the Governor in Council. matters set out in the order.

Designated minister’s powers, duties and functions

(2) The order may set out any powers, duties or functions of the Minister under this Act that the designated minister may exercise or perform — or any provisions of this Act in which a reference to the Minister is a reference to the designated minister — for the purposes of administering and enforcing subsections 36(3) to (6). 151. Subsection 63(1) of the Act is replaced by the following: False statements 63. (1) No person shall make a false or misleading statement, whether orally or in writing, to an inspector, a

Amendments to the Federal Page 126 of 286 Fisheries Act ... Agenda Item # 4.4

355 West Queens Road James A. Gordon CMC North Vancouver BC Municipal Clerk V7N 4N5 Phone: 604 990 2207 Fax: 604 984 9637 www dnv org NORTH VANCOUVER [email protected] DISTR ICT

August 22, 2012 File No. 13.6770.20/000.000 The Honourable Keith Ashfield Minister of Fisheries and Oceans House of Commons Parliament Buildings, Wellington Street Ottawa, Ontario K 1A OA6

Dear Minister:

Subject: Protection of Fish Habitat

This is to advise that on July 23, 2012 the Council for the District of North Vancouver considered the June 14, 2012 report of the Environmental Protection Officer regarding the Protection of Fish Habitat. Council subsequently passed the following resolution:

WHEREAS the District of North Vancouver has made significant investments in the protection of fish habitat in waterways that pass through our community;

AND WHEREAS the protection of natural habitats (fish habitat included) is an important value for the people of our community and in our Official Community Plan;

NOW THEREFORE BE IT RESOLVED THAT the District of North Vancouver call upon the Federal Government to abandon proposed changes to Section 35 (1) of the Fisheries Act that would see the removal of provisions banning or limiting activities that result in the "harmful alteration, disruption or destruction of fish habitat";

AND THAT this resolution be forwarded to the Federal and Provincial Ministers of Fisheries and Agriculture, to North Shore MPs and MLAs, and to all UBCM member municipalities.

A copy of the relevant report is attached for your information and consideration.

Regards,

j . '}I f (k ; 1 :£~~~ ,/h-AY'fc'--

j mes A. Gordon Manager of Administrative Services and Municipal Clerk

JAG/brd

c.c. UBCM Member Municipalities

Document: 1920603

Amendments to the Federal Page 127 of 286 Fisheries Act ... Agenda Item # 4.4

COUNCIL AGENDA/INFORMATION li' In Camera Date: Item# Regular Date: ~ ul g. ~O I01 1 tem # 0 Agenda Addendum Date: ~ Item# Dept. 0 Info Package Manager 0 Council Workshop OM# Date: Mailbox:

The District of North Vancouver MEMO TO COUNCIL

June 14, 2012 File: 13.6770.20 Tracking Number: RCA -

AUTHOR: Richard Boase, Environmental Protection Officer Sarah Dal Santo, Section Manager Policy Planning

SUBJECT: Protection of Fish Habitat

Recommendation:

WHEREAS the District of North Vancouver has made significant investments in the protection of fish habitat in waterways that pass through our community;

AND WHEREAS the protection of natural habitats (fish habitat included) is an important value for the people of our community and in our Official Community Plan;

AND THAT this resolution be forwarded to the Federal and Provincial Ministers of Fisheries and Agriculture, to North Shore MPs and MLAs, and to all UBCM member municipalities.

Reason for the Report:

The Federal Government is considering changes to the Fisheries Act that that would see the removal of provisions banning or limiting activities that result in the harmful alteration, disruption or destruction of fish habitat.

Existing Policy:

The Environmental Protection and Preservation Bylaw, Development Permit areas for the Protection of the Natural Environment and Streamside Protection as well numerous Goals, Objectives and Policies in the recently adopted OCP all speak to the District's interest in protecting and improving the ecological health of our natural systems.

Document: 1867396

Amendments to the Federal Page 128 of 286 Fisheries Act ... Agenda Item # 4.4

SUBJECT: Protection of Fish Habitat June 14, 2012 Page 2

Background

The C ity of North Vancouver and the City of Burnaby have passed similar resolutions.

Analysis

The Federal government is considering (final vote on June 18), an omnibus budget Bill C-38 including amendments that impact the Fisheries and Environmental Assessment Acts. Amongst other measures, amendments to the Fisheries Act seek to narrow the range of species to be protected; to restrict regulation to only permanent alteration and destruction of fish habitat; and to limit regulations on waterways that have no commercial, recreational or aboriginal fisheries values. Proposed changes to the Environmental Assessment Act reduce the number of environmental assessments (EAs) performed by the federal government, as well as the confine the processing time to within two years. These measures could impact the rig our of scientific analyses and consultation needed for the environmental assessment processes.

While the District of North Vancouver has an Environmental Protection and Preservation Bylaw, as well as a Streamside Protection Development Permit Area, the District and other municipalities in the region rely heavily on the regulatory powers and heavy fines under the Federal Fisheries Act to enforce any infractions related to the degradation and destruction of fish habitat. Proposed changes to the federal Fisheries Act, if passed, will reduce the effectiveness of legislation to protect fish habitat. Various member municipalities have expressed concerns with these proposed changes to the MetroVancouver Board. In addition, Council's in the Cities of North Vancouver and Burnaby have adopted resolutions indicating their lack of support for the proposed changes to the Federal Fisheries Act.

Bill C-38 can be viewed in its entirety online at: http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Docld=55 24772. Alternatively, relevant sections of the Bill are available for viewing at the Sustainable Community Development Department.

For the continued protection of fish habitat in the District of North Vancouver, now and for future generations, staff recommends that Council consider the resolution as set out in the recommendation section of this report.

REVIEWED W ITH: REVIEWED WITH: REVIEWED WITH: REVIEWED WITH: 0 Sustainable Community 0 Clerk's Offi ce External Agencies: Advisory Committees: Development 0 Corporate Services 0 Library Board 0 0 Development Services 0 Communications 0 NS Health 0 0 Utilities 0 Finance 0 RCMP 0 0 Engineering Operations 0 Fire Services 0 Recreation Commission 0 Parks & Environment 0 Human resources 0 Other: 0 Economic Development 0 ITS 0 Solicitor OGIS

Document: 1867396

Amendments to the Federal Page 129 of 286 Fisheries Act ... Agenda Item # 4.5

Date: September 4, 2012 Report to: Mayor and Council From: Kevin Crook, Chief Administrative Officer Subject: Douglas Avenue Water Main Bridge Crossing and Fire Hall Drainage Improvements – Tender Recommendation

RECOMMENDATION

That Council award the tender for Douglas Avenue Water Main Bridge Crossing and Fire Hall Drainage Improvements to Mass Construction Ltd. as the lowest tender for both projects.

REPORT

Purpose

To determine direction concerning two capital works projects that have been tendered.

Background

The need for replacing the water main at the Douglas Street crossing of Nahounli Creek came about when a leak was discovered under the bridge in the spring of this year. Because it is a major water line and the leakage is deposited into the creek, it was determined that it should be repaired immediately.

Staff has been aware of the degradation of the embankment behind the fire hall for a number of years. It was identified as a project to be completed this year; however, only a small amount of funding was made available in the budget, which has been spent on engineering and design for the project.

I endorse the recommendation of the consultant, contained in the attached letter.

FINANCIAL/PROGRAM IMPLICATIONS

Funding for the water main project can be fully covered by funds available in the water capital reserve fund.

The Fire Hall drainage project can be funded by reallocating funds from projects that are not likely to go forward this year:

Stuart Drive Sidewalks 65,528 Transportation Committee/Walking path 20,000 Subdivision development 15,000 Computer upgrades 4,500 Total 105,028

Douglas Avenue Water Main Page 130 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

RELATIONSHIP TO THE OFFICIAL COMMUNITY PLAN/STRATEGIC PLAN

OCP, Section 4.2(c): “It is the objective of Council to preserve . . . environmentally sensitive areas.”

Respectfully Submitted,

Kevin Crook Chief Administrative Officer

Douglas Avenue Water Main Page 131 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 132 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 133 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 134 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 135 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 136 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 137 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 138 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 139 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 140 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 141 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 142 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 143 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 144 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 145 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 146 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 147 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 148 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 149 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 150 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 151 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 152 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 153 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 154 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 155 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 156 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 157 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 158 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 159 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 160 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 161 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 162 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 163 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 164 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 165 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 166 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 167 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 168 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 169 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 170 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 171 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 172 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 173 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 174 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 175 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 176 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 177 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 178 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 179 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 180 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 181 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 182 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 183 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 184 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 185 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.5

Douglas Avenue Water Main Page 186 of 286 Bridge Crossing and Fire Hall ... Agenda Item # 4.6

Date: September 4, 2012 Memo to: Kevin Crook – Chief Administrative Officer From: Jeffrey Lovell, CA – Director of Finance Subject: Leased District property & Permissive Tax Exemptions

RECOMMENDATION That Council provide direction on Permissive Tax Exemptions for each of the described District leased properties. REPORT Purpose To obtain direction from Council in order to draft the 2013 Permissive Tax Exemption Bylaw. Background The District owns several properties which are leased to organizations within Fort St. James. These leases generally provide uninhibited access and use of these properties to the organizations. As such, according to the lease agreements, the users of the property are responsible for the property taxes. These properties are: - 115 Douglas Ave – Tourist Information Booth (Chamber of Commerce office) - 300 Stuart Dr E – Curling Rink (Ice surface & Bar) - 445 Morice Ave – GUF Recycling Centre - 225 2nd Ave W – Music Makers Hall - 250 Simon Fraser Ave – Seniors Centre Details Until now, these leases have yet to be submitted or registered with BC Assessment. The District is required to do so. These leaseholders have not been taxed. Once registered, each leased property will receive an assessment notice and a tax invoice. According to Community Charter s. 224(a)(i), the District can exempt property taxes from “land & improvements that are owned or held by a charitable, philanthropic or other not for profit corporation”. Thus, the District may, if it is Council’s desire, exempt these leaseholders through a Permissive Tax Exemption. Permissive Tax Exemption Bylaws are required by BC Assessment by the beginning of November.

Leased District property & Page 187 of 286 Permissive Tax Exemptions - ... Agenda Item # 4.6

However, it is important to note that two properties (Chamber office & Curling Rink) are used for income producing activities. The Chamber of Commerce collects contract income and significant fundraising revenue, while the Curling Rink operates alcohol sales on site. Therefore I believe that these organizations have the ability to contribute back via taxation.

Respectfully submitted,

Jeffrey Lovell, CA, Director of Finance

Approved by

Kevin Crook Chief Administrative Officer

Leased District property & Page 188 of 286 Permissive Tax Exemptions - ... Agenda Item # 5.1

Municipal Insurance Association - Page 189 of 286 Voting Delegate ... Agenda Item # 5.2

37, 3RD Box BURNS LAKE, 1

August 13, 2012

District of Fort St. James Attn: Kevin Crook PO Box 640 Fort St. James, BC VOJ 1PO

Dear Mr. Crook,

RE : Land Use Contract Bylaw No. 149

As part of a current review of the Regional District Zoning Bylaw the Planning Department is evaluating the remaining Land Use Contracts that remain in the Regional District. The enclosed Land Use Contract Bylaw No. 149 applies to the property described as: That part of DL 1661. A recent title search shows that the District of Fort St. James owns this property.

Land Use Contract No. 149 was adopted in 1977 in order to allow the construction and operation of a helicopter hangar and business office. This structure is required to be located a minimum of feet back from the center line of the runway and shall not exceed 20 feet in height.

The legislation allowing the creation of new land use contracts was repealed in 1978. Existing land use contracts remain valid, and supersede zoning regu lations. We would like to request your agreement to discharge the existing land use contract and replace it with an equivalent regulation under the new zoning bylaw or simply remove the land use contract. Under Section 930 of the Local Government Act, a land use contract can be discharged with the agreement of the local government and the owner of the parcel that is described in the bylaw as being covered by the amendment.

Please contact me at your convenience to advise us of your position on this matter. I am available to answer any questions you may have.

Sincerely,

Amy Wainwright, Planner [email protected]

AREAS: ST. A RURAL E LAKE WWW .RDBN . BC.CA FRASER B LAKE RURAL F RURAL PH: 250-692-3 195 TELKWA ST. RURAL G RURAL FX: 250-692-3305 LAKE D LAKE RURAL TF: 800-320-3339

Regional District of Bulkley Page 190 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

OF BUUCLEY -NECIIAKO

f>Y-LA"tl NO. 149

A By-Law to authorize the entering into of a Land Use Contract with the Corporation of the Village of Fort St. James, a portion of District Lot 1661, Range 5., Coast District,(as shown on the attached map)

WHEREAS pursuant to the prov~s~ons of Subsection 1 of Section 798A of the Municipal Act, and the provisions of Section 702A of the Municipal Act, the Regional Board may by by-law enter into a Land Use Contract containing such terms and conditions for the use and development of the land as may be mutually agreed upon.

AND WHEREAS a Public Hearing as required under Section 702A has been held;

AND WHEREAS this by-law has been approved by the Lieutenant-Governor in Council;

NOW THEREFORE the Regional Board of the Regional District of Bulkley- Necbako in open meeting assembled enacts as follows:

1.• The Regional District of Bulkley-Nechako is hereby authorized and empowered to enter into a Land Use Contract with the Corporation of the Village of Fort St. James in accordance with the form of contract attached to and forming part of this by-law.

2. The Chairman and Secretary of the Regional District of Bulkley- Nechako hereby authorized and empowered to execute the said Land Use Contract with the Corporation of the Village of Fort St. James and to register the said Land Use Contract at the Land Registry .Office and to do all things necessary in relation hereto.

This by-law may be cited as "Land Use Contract Authorization By-Law (a portion of District Lot 1661, Range 5, Coast District) By-Law No. 149. ~ .

. · READ a first, second and third time this 21st day of July, 1977.

I hereby certify the foregoing to be a true and correct copy of By-Law· . No. 149, .cited as "Land Use Contract Authorization By-Law (a portion of ·District Lot 1661, Range 5, Coast District) By-Law No. 149, as at third reading. ·

Dated at Burns Lake, B. C. this· d5-H.... day of {)J;L;./v; /Y'i7

Secretafy-Treasurer

Reconsidered, finally passed and adopted this /~.f.{ day of ./2..z_ C~.YJ0b.AJ. / 7? 7 ~·. • tJ Secretary-Treasurer

Regional District of Bulkley Page 191 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

SCHEDULE 11A11

By-Law No. 149 (Corporation of the Village of Fort St. James)

Schedule of Permitted Land Use

NOtwithstanding Section 2.10.0 of Zoning Amendment By-Law No. 127 and Zoning Amendment By-Law No. 128 of Zoning By-Law No. 18, 1970, the Developer may locate and construct a building to be used as a helicopter hangar and business office on a portion of District Lot 1661, Range 5, Coast District, as indicated on the attached plan.

Provided that the structure shall be located a minimum of three hundred and sixty feet back from the center line of the runway and shall not exceed twenty feet in height.

Provided also that the Developer is prepared to sign a covenant stating that if this development should conflict with the future uses of the operation of the airport.that the Developer will remove this structure at his own expense.

Regional District of Bulkley Page 192 of 286 Nechako - Land Use Contracts Nechako Regional District of Bulkley Land Use Contract Bylaw No. 149 Legend ...

:t Church -

Land Use Contracts Commercial • Community Hall ~• Fire Department

House • Mobile Home • Multi Family Dwelling •! School 0 Seconclary Suite Strata •li Tower © Ulility r Vacant - Forest Service Roacl

-c:::J- Ferry

Highway Major Seconclary Road -- Seconclary Roacl -- City Street ----- Trail -+- Railways D Caclastre - Legal -- Watercourses Agenda Item # 5.2 Lake River ·_, Wetlancl Page 193 of 286

' DlSctAII.IER. The Regional Dis trict or Bulldey·Ne<:h.lko makes oo W.m eoty. Replesentalion 01 Guarantee of any kind reqa.rding eilhef maps 01 olhef in formalion puwided he•ein 01 tho 50Uite5 of such maps 01 olhef inlounalion. The Regional Disllicl of Buii-Jey-Nechako assumes no iability, either lof any en Ol's, omissions, 01 inaOC\Jracies in lheinl01mation pwvided regar

37, 3RD AVE, PO Box 820 BURNS LAKE, BC VOJ 1 EO

\..D OF OPPORTUNIT I E:s "P,. VJOR

August13,2012

District of Fort St. James Attn: Kevin Crook PO Box 640 Fort St. James, BC VOJ 1PO

Dear Mr. Crook,

RE: Land Use Contract Bylaw No. 195

As part of a current review of the Regional District Zoning Bylaw the Planning Department is evaluating the remaining Land Use Contracts that remain in the Regional District. The enclosed Land Use Contract Bylaw No. 195 applies to the property described as: Portion DL 1661 Lease, Range 5, Coast District. A recent title search shows that the District of Fort St. James owns this property.

Land Use Contract No. 195 was adopted in December 1978 in order to allow the construction of a weather station, provided that the structure be located a minimum of 120 metres back from the center line of the runway and shall not exceed 7 metres in height.

The legislation allowing the creation of new land use contracts was repealed in 1978. Existing land use contracts remain valid, and supersede zoning regulations. We would like to request your agreement to discharge the existing land use contract and replace it with an equivalent regulation under the new zoning bylaw or simply remove the land use contract. Under Section 930 of the Local Government Act, a land use contract can be discharged with the agreement of the local government and the owner of the parcel that is described in the bylaw as being covered by the amendment.

Please contact me at your convenience to advise us of you r position on this matter. I am available to answer any questions you may have.

Sincerely, 0#UM~ Amy Wainwright, Planner amy.wainwriqht@hotmail .com

MUNICIPALITIES: ELECTORAL AREAS: [email protected] . CA SMITHERS FORT ST. JAMES A- SMITHERS RURAL E - OOTSA LAKE/FRANCOIS LAKE WWW . RDBN.BC.CA VANDERHOOF FRASER lAKE B - BURNS LAKE RURAL F - VANDERHOOF RURAL PH: 250-692-3 I 95 HOUSTON TELKWA C - FORT ST. JAMES RURAL G - HOUSTON RURAL FX: 250-692-3305 BURNS LAKE GRANISLE 0 - FRASER LAKE RURAL TF: 800-320-3339

Regional District of Bulkley Page 194 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

~ LCOPY

1ID3I0!1AIJ DI.STiUCT OF BULKLEY -N'ECJLh.KO

BY-LAW NO. 195

A By-Lm.,r to authorize the entering into of a Land Usc Contract \-Ti th the Village of Fort St. James, a portion of District Lot 1661, Range 5, Coast District adjacent to the runway at the Fort St. Jamcr; Airport.

\'lHEREA..S pursuant to the provJ.sJ.ons of Subsection 1 of Section 798 of the Hunicipal Act, and the provisions of Section 702A of the Hunicipal Act, the Regional Board may by by-laYT enter into a Land Use Contract containing such · terms and conditions for the use and development of the land as may be mutually agreed upon:

AliD 'rlHEREAS a Public Hearing as required under Section 702A has been held;

AJID \lHEREAS this by-la'1 has b"een approved by the Lieutenant-Governor in Council;

NO\>! THmEFoP.E the Regional Board of the Regional District of Bulkley-Nechako in open meeting assembled enacts as follows:

1. The Regional District of Bulkley-Nechalco is hereby authorized and empowered to enter into a Land Use Contract with the Village of Fort St. James in accordance with the form of contract attached to and forming part of this by-law • .

2. The Chairman and Secretary of the Regional District of Bulkley-Nechako are hereby authorized and empowered to execute the said Land Use Contract with the Village of Fort St. James and to reg~ster the said Land Use

Contract at the Land Registry Office 1 and to do all things necessary in relation thereto.

3. This by-law ma:y be cited as "Land Use Contract Authorization By-Law (a portion· o! District Lot 1661, Ran~e 5,Coast District) By-Law No. 195"·

Read a first time this 19th day of October, 1978

Read a second time this 19th day of October, 1978

Read a third time this 19th day of October, 1978

I hereby certify the foregoing to be a true and correct copy of By-La'iT No. 193, cited as 11Land Use Contract Authorizr1+~on By-Law (a portion of District Lot 1661 ~ Range 5, Coast District) By..:.La\'T No. 195", as at third reading.

Dated at Burns Lake, B.C. the 24th day of October, 1978

Reconsidered, passed and adopted this .21st day 1978

Mini · er of MunicipJI Affairs and .H:.• w; ; ;;~ APPROVAL No. 7 8 11 J. 1

Regional District of Bulkley Page 195 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

Thi.:> A,crec;t~cnt mncle the dny of

HEGIONAL DISTRICT OF BULKLEY-NECHAKO (hereinafter called the Regional District of the First Part;) AND CORPORATION OF THE VILLAGE OF FORT ST. JAMES (hereinafter called the Developer of the Second Part;)

\'!HERF.!\S the EcGional District, pursuant to Sections 702A and 798A, may, notwithstanding any by-law of the Regional District, or Section 712 or 713 of the Municipal Act, enter into a land use contract containing such terms and conditions for the use and development of land as may be agreed upon with a developer, and thereafter the use and development of the land shall be in acco=dance with the land use contract;

AND WHEREAS the Hunicipal Act requires that the Regional Board consider the criteria set out in Section 702(2) and 702A(1) in arriving at the terms, conditions and consideration contained in a land use contract;

AND WHEREAS the Developer has presented to the Regional District a scheme of use and development of the within described lands and premises that would be in contravention of a by-law of the Regional District or Section 712 or 713 of the Municipal Act or both, and has requested that the Board of the Regional District enter into this contract under the terms, conditions and for the consideration hereinafter set forth;

AND WHEREAS the Board of the Regional District, having given due consideration to the criteria set forth in sections 702(2) and 702A (1) of the }funicipal Act, have agreed to the terms, conditions and considerations herein contained;

AND WHEREAS if the land is within a raduis of one-half mile of the intersection of a controlled access highway and another highway, the approval of the Minister of Highways to the terms hereof must be obtained;

AND WHEREAS the Regional District and t~e Developer both acknow- ledge that the Board of the Regional District could not enter into this agreement, until the Board held a public hearing in relation to this agreement and considered any opinions expressed at such hearing and unless two-thirds of the Directors having among them two-thirds of the votes cast voted in favour of the Regional District entering into this contract;

Regional District of Bulkley Page 196 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

( 2)

NOW T~IEP.EFORE thin f,grccment wi tnec::;eth thnt in concidcration of the premises and the conditions and covenants hereinafter set forth, the Rcgion:)l District and the Developer covenant and ngree as follows:

1. The developer is the registered ovmer of an estate in fee 0\oJNER simple and of all and singular that certain parcel or tract of land and premises, situate, lying and being in the Smithere Assessment District, in the Province of British Columbia, and being more particularly Y~own and described as;

LAND A Portion of District Lot 1661, Range 5, Coast District (hereinafter called the 11land11 )

2. The Developer has obtained the consent of all persons having a registered interest in the land as set out in the schedule CONSENTS prefacing the consents to the use and development set forth herein which consents are attached hereto.

3· The land, including the surface of water, and any and all buiJ USES ings and struct~res erected thereon, thereover or therein shaJ be used for the purpose specified in Schedule 11A11 hereto and for none other.

4. No building or structure shall be constructed, reconstructed~ altered, moved or extended upon the land except in compliance SITING with the specifications and the plot plan set out in Schedule "A" hereto.

5. This Agreement shall be construed as running with the land an< RIDISTRA- shall be registered in.the Land Registry Office by the Region< TION District pursuant to the provisions of Section 702(a) (4) of the Municipal Act.

INTERPRE- 6. Whenever the singular or masculine is used herein, the same TATION shall be construed as meaning the plural, feminine or body corporate or politic where the context or the parties so require.

7. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, execut( administrators, successors and assigns.

A Public Hearing on this Agreement was held the day of ·

This Agreement was approved by the Minister of Municipal Affairs on the day of 197 •

Regional District of Bulkley Page 197 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

r-..;/ ; This At;reernent Has Dpproved on the day of /

197 , by a vote of tHo-thirds of the Directors having DJllOllG them two-third::.

of all the voter; c~1.st.

IN WITNESS \-!HEREOF the said parties to this Agreement have here- unto set their hands and seals the day and year first above written.

THE CORPORATE SEAL OF THE ) REGIONAL DISTRICT OF BUKLEY- ) NECHAKO 'viAS affixed in the ) (SEAL) presence of: /"/~ ) ) ) ) ) ~~------~~--~----~~=z~-- ) ) ) ) ) ) ) SIGNED, SEALED AND DELIVERED ~) In the presence of: ) ) ) ) ) ) NAME ) ) ) ) ) (ADDRESS) ) ) ) ) ) ) (OCCUPATION) ) ) ) THE SEAL OF THE CORPORA~ION OF THE ) VILLAGE OF FORT ST. JAMES was affixed ) in the presence of: ) ) ) ) (SEAL) ) ) ) )

Regional District of Bulkley Page 198 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

BY-LA\-! NO. 19'2_

SCHEDULE "A"

Schedule of Permitted Land Use

Notwithstanding Section 2.10.0 of Zoning Amendment By-Law No. 127 and Zoning Amendment By-Law No. 128 of Zoning By-Law No. 18, 1970, the Developer may locate and/or construct a building to be used as a weather station on a portion of District Lot 1661, P~nge 5, Coast District, as indicated on the attached plan.

Provided that the structure shall be located a mlnlmum of one hundred and twenty metres back from the center lineaf the runway and shall not exceed seven metres in height.

Provided also that the Developer is prepared to sign a covenant stating that if this development should conflict with the future uses of the operation of the airport that the Developer will remove this structure at his own expense.

Regional District of Bulkley Page 199 of 286 Nechako - Land Use Contracts ... Agenda Item # 5.2

Regional District of Bulkley-Nechako Zoning Bylaw No. 700, 1993

SECTION 26- AIRPORT ZONE (A1)

26.01 Permitted Uses

(1) In the Airport Zone the following principal uses of land, buildings or structures, and no other uses, are permitted:

(a) airports, heliports, including terminal buildings and structures.

(2) If a principal use of land has been established in the Airport Zone, the following secondary uses of land, buildings or structures are permitted:

(a) weather stations; (b) agrfculture; (c) logging and silviculture; (d) one dwelling unit per parcel; (e) buildings and structures accessory to the permitted principal and secondary uses.

26.02 Parcel Area

The minimum parcel area in the Airport Zone is 20 hectares (49.4 acres).

26.03 Setback

In the Airport zone no building or structure shall be located within 7.5 metres (24.6 ft.) of a parcel line.

Regional District of Bulkley Page 200 of 286 Nechako - Land Use Contracts Nechako Regional District of Bulkley Legend ...

---- • Forest Service Road

RR1 -c::::::>--c::J Ferry

Highway - Land Use Contracts Major Secondary Road w Secondary Road City Street --w-··------· Trail Railways

Cadastre - Legal Watercourses Lake _ River

.-_::~~-lft. :: ·.':':_~ · :::~~i ·~ Wetland First Nalions Reserve

Municipal Boundary ... -_-_-_-.I Electoral Area Boundary H2 Parks

~TtS :I1f2·

RE~{.QL \166.1

BT•S11'l2 RR1 Agenda Item # 5.2 Page 201 of 286

'DISCLAIMER. The Regimal Dhb'k: l ol Bolldey-flechako makes oo V.larrenty, Repre s en ta!io norGua~an!eeo f

Scale: 1 em = 82 m User: maria.sandberg Date: 23/08/2012 lime: 2:34 :22 PM ... Agenda Item # 5.3

File No. 0220

District of Fort St. James Comments, Complaints & Enquiries

Time:

Name ofRespondent : ____: le_ a.....:._.;rH_la_--L.{ _W__:_:_i n.:.....d:..:..D.:...::II\J__:_B ...::...ox----.L) ___

Civic Address:

Mailing Address:

Phone Number:

Nature of the Comment. Complaint or Enquiry: Wha l can be do11:e ohau+ loccd.s LJ\it~ ±he. sp;nl- squart"' a.s C-~ 6ng o()..t where ±hey

Referred to: .

Action/Solution:

Date: ______Signature: ______

Spirit Square Complaint Page 202 of 286 ... Agenda Item # 5.3

Spirit Square Complaint Page 203 of 286 ... Agenda Item # 5.4

STUARTLAKE HOSPITAL AUXILIARY

1 BOX425 FORT ST. JAMES BC .VOJ 1 PO

August 16, 201 2

Rob MacDougall, Mayor District of Fort StJames Box 640 Fort StJames, BC VOJ 1PO

Dear Rob, The Stuart Lake Hospital Auxiliary's annual Turkey Shoot will take place at the Legion on: Sunday, September 30, 2012 11:00 am to 4:00pm Would the District of Fort StJames be able to make a donation for this event?

We would like to express our appreciation and thanks to all who supported the Dart Turkey Shoot in 2011. The profit from this fundraiser was $2700.00. Since the Auxiliary's inception 45 years ago the Auxiliary has contributed more than $300,000.00 towards hospital equipment purchases. This past year we bought several different pieces of hospital equipment that would not have been purchased by Nmthern Health. These items make it easier for the hospital staff to serve the needs of their patients. We also provide an annual bursary (The Dr. Brian Bowers Bursary) of $1000 to a graduate ofFort St. James Secondary School who is going into a medical related field. They receive $500 the first year and $500 their second year of studies.

Thank you for your support, for with your donation towards the Dart Turkey Shoot of either cash, a gift certificate, or an item from your business, you will continue to help the community move towards a better equipped hospital and better health care.

Your donation will make a difference!

\/Jacquie Dagenais, Corresponding Secretary

Stuart Lake Hospital Auxiliary - Page 204 of 286 Dart Turkey Shoot ... Agenda Item # 5.5

August 16, 2012

To the Mayor and Council of Fort St. James,

Attached is the Community Arts Council of Fort StJames' grant-in-aid application. The budget figures are based on our annual programming activities for the fiscal year 2012-2013.

As was discussed in our presentation to Council on February 22, 2012, the Provincial Government will match up to a maximum of $4,000 from Municipality & Regional Governments. The budget makes the assumption that the District contributes $4,000 and that the BC Provincial Government will honour their SO% Matching grant which has an application deadline of September 30, 2012.

In previous years, we have made our request in writing in early March. Since our direction and leadership was in a transition position, to be fiscally responsible, we waited to feel confident and secure in programming for the upcoming year.

Our deadline for the Provincial grant application for Basic Assistance and 50% Government matching is September 30, 2012.

We thank the Mayor and Council for their past financial support and we hope for your continued financial support as the Arts Council moves forward through the next years continuing to develop and present diverse activities to the residents of Fort St. James.

Monica M. Grill On behalf of, Community Arts Council of Fort St. James

Community Arts Council - Grant In Page 205 of 286 Aid ... Agenda Item # 5.5

roRT

Grant-in-Aid Application Form

Date of Application: August 16,2012 Name of Applicant: Monica Grill, Past President

Organization Name: Community Arts Council of Fort St James Organization Mailing Address: PO Box 846 Fort St. James, BC. VOJ1 PO

Event Name: Application to District Municipality of Fort St. James to annually financially support the Arts Council in order to apply for BC Provincial Matching Funding Grant to a maximum of $4,000

Date(s) of Event: Start Date: Finish Date: October 01, 2012 September 30, 2013 Purpose of Event: To continue to present, sponsor, and assist in the development of visual and performing arts and cultural events and projects to the residents of the greater area of Fort St James Number of Participants: Unlimited Contact Person(s): Name: Position: Monica Grill Past President Home Phone: Work Phone: 250-996-7 449 252-996-8228 (School year) Name: Position: Mary Willick President Home Phone: Work Phone: 250-996~8229 250-996-7334 To the best of my knowledge, the above statements are true and accurate as of the date of the application.

Applicant: Signature/ Organization Official Signature

Community Arts Council - Grant In Page 206 of 286 Aid ... Agenda Item # 5.5

Grant-in-Aid Application Form Page 2 - Event Budget

Revenues: Amount Details Provincial Government $ 5,320.00 Basic Assistance + 50°/o matching

Federal Government $

Participant Fees $ 2,000.00 Concerts + workshops Private Donations $

Fund Raising Activities $ Requested from District of Fort St. James $ 4,000.00 For Provincial Gov .to match Requested from $ Regional District Requested from First $ Nations Other $ 12,562.00 Kids GIC,Sound equipment GIC,music acct for kids Total Revenues $ 23,882.00

Expenditures: Amount Details Facility Rental , / $ 6,000.00 Artisit fees + hospitality +concert expenses Advertising ~~/ $ 500.00 Staffing ~I $ 350.00 Membership fees Meals/ Ref~hm ents $ 2,870.00 Workshop facilitator fees + supplies P h o n e/~/Postage $ 12,562.00 Designated funds (G IGS+ music acct) Equ~e nt $ 250.00 Piano tuning oy{ce Supplies $ 750.00 Insurance lp ther $ 600.00 Grants to member groups

, Total Expenditures $ 1 23,882.00

Net Profit/ (Shortfall) (difrerence between revenue and $ expenditure} 0.00

Community Arts Council - Grant In Page 207 of 286 Aid ... Agenda Item # 5.6

Ref: 189297

August 22, 20 12

His Worshi p Mayor Rob MacDougall District of Fort St. James PO 13ox 640 Fort St. James, British Columbia VOJ IPO

Dear Mayor MacDougal.l:

Thank you for your letter of May 3 1, stating your support fo r Nak'azclli Band's pursuit of a long-term forest tenure. My staff are fully aware of the importance of this tenure fo r the stability and continuity of forest operations within the band's traditional territory in the Fort St. James District.

At this time, 1 have approved a mandate fo r long-term volumes, preferably First Nations Woodland Licence (FNWL), with an allowable annual cut (AAC) of 43 500m3• This is the volume allocated to the band under the 2006 Bill 28 Timber Rea ll ocation Initiati ve. District staff have been working with Nak'azdli and local licensees to find an area within the band 's territory that can deliver that volume in perpetuity. This is not an easy task in light or the major licensees in operating areas and long-term AACs; the mountain pine beetle infestation; the need fo r sustainable forest types, and often the overl ap with other bands traditional territories.

3 I understand the band has indicated that the mandated AAC (43 500m ) is not sufficient and is requesting significantly more. I appreciate you providing me with your concerns and I can reaffirm that the FN WL program is a priority of government and Nak'azdli is a priority within that program. Success in negotiating an FNWL with Nak'azdli can only be achieved if the demands from the Firsl Nation align with the available fiber supply. I have asked the district manager to keep key stakeholders informed of any progress on this initiative.

Sincerely,

Steve Thomson Minister

Page 1 of2

Minislry of Forests, La nds and Office of the Minister Mailing Address: Tel: (250)387-6240 Natural Resource Operations PO BOX 9049 Stn Govt l'n.x: (250)387-1040 Victori~. BC V8W 9E2 l,ot>llion; l'nrlinmcnl lluildings Wcbsilc: www.gov.bc.cn/ for/

Minister of Forests Lands and Page 208 of 286 Natural Resource Operations ... Agenda Item # 5.7

Paul Rust Architect Inc. - Zoning Page 209 of 286 Amendment Consideration ... Agenda Item # 5.7

Paul Rust Architect Inc. - Zoning Page 210 of 286 Amendment Consideration ... Agenda Item # 5.8

Fort St. James Community Page 211 of 286 Foundation ... Agenda Item # 5.8

Fort St. James Community Page 212 of 286 Foundation ... Agenda Item # 5.9

Northern BC Tourism Association Page 213 of 286 Annual Conference and AGM ... Agenda Item # 5.9

Northern BC Tourism Association Page 214 of 286 Annual Conference and AGM ... Agenda Item # 5.9

Northern BC Tourism Association Page 215 of 286 Annual Conference and AGM ... Agenda Item # 5.10

Impacts of industry on social Page 216 of 286 health research; Dr. Janis ... Agenda Item # 5.10

District of Fort St. James 477 Stuart Drive West, P.O. Box 640 Fort St. James, B.C. V0J 1P0 Phone 250 996-8233 Fax 250 996-2248 Email [email protected]

OFFICE OF THE MAYOR

September 4, 2012

Canadian Institutes of Health Research 160 Elgin Street, 9th Floor Address Locator 4809A Ottawa, ON, K1A 0W9 Canada

To whom it may concern,

Please accept this letter of support from the District of Fort St. James for Dr. Aleck Ostry (University of Victoria), Dr. Janis Shandro (University of Victoria/University of British Columbia), Dr. Malcolm Scoble (University of British Columbia) and Dr. Nancy Gibson (University of Alberta) in their application to the Canadian Institutes of Health Research Operating Grant competition. The development of the research proposed is strongly supported with-in the community of Fort St. James and by our District Council.

The recommendation made by Shandro, Ostry and Scoble to initiate a collaborative health/sustainability planning process has been evaluated and embraced by a number of members from our community, the Nakazdli First Nation, and the Tl’azt’en First Nation. This has resulted in the formation of a committee of health and social service providers and members of this committee have met with Dr. Shandro consistently over the past year to collaboratively develop an innovative interdisciplinary research proposal that meets this recommendation. An area of particular interest is the development of an indicator suite that will down the road, allow us to track, monitor and effectively addresses community sustainability and health. Tracking the impacts and benefits of the Mt. Milligan mining operation on health and social indicators is research that will not only assist our community in understanding the complex relationships between community well-being and local industry, but will also provide stronger findings available for communities in Northern locations across Canada when looking at best practices when faced with economic ‘boom’ cycles. In addition, the collaborative nature of the proposed project will undoubtedly strengthen community-community and community-industry relations.

Building capacity for our community to continue down the road of tracking our community health and sustainability successes relies on having a skilled Research Coordinators and Research Assistants to play leading rolls in this innovative project. Through active involvement in the proposed project, it is anticipated that these individuals will gain skills in research design, Knowledge Translation, literature reviews, data sourcing, data collection and analysis, and communicating results back to our communities, other communities associated with mining, and

Impacts of industry on social Page 217 of 286 health research; Dr. Janis ... Agenda Item # 5.10

the mining industry. These skills are invaluable as it will allow for the continuance of this project by the community. They are also transferable to other sectors.

At this time the Economic Development Officer (Ms. Emily Colombo) of the District of Fort St. James is the primary staff contact between the research committee and District Council. Her background includes experience working for a university-affiliated community-based research institute, and education in action-research practices. Her enthusiasm for this project, coupled with a strong desire by Council and the community to see this project move forward, gives us great confidence as to the ability of our community to ensure that the research proposed has the capacity to be achieved.

Sincerely,

Rob MacDougall Mayor

Impacts of industry on social Page 218 of 286 health research; Dr. Janis ... Agenda Item # 5.11

Fort St. James Humane Society Page 219 of 286 Emergency Grant in Aid ... Agenda Item # 5.11

Fort St. James Humane Society Page 220 of 286 Emergency Grant in Aid ... Agenda Item # 5.11

Fort St. James Humane Society Page 221 of 286 Emergency Grant in Aid ... Agenda Item # 5.11

Fort St. James Humane Society Page 222 of 286 Emergency Grant in Aid ... Agenda Item # 5.11

Fort St. James Humane Society Page 223 of 286 Emergency Grant in Aid ... Agenda Item # 5.11

Fort St. James Humane Society Page 224 of 286 Emergency Grant in Aid ... Agenda Item # 6.1

Date: September 4, 2012 Report to: Mayor and Council From: Kevin Crook, Chief Administrative Officer Subject: Traffic and Parking Bylaw Amendment

RECOMMENDATION

That Council give “Traffic and Parking Bylaw Amendment, Bylaw No. 912, 2012” first three readings.

REPORT

Purpose

For Council to consider a bylaw to amend “District of Fort St. James Traffic and Parking Regulation Bylaw No. 839, 2007.”

Background

The Public Works Superintendent expressed a couple of concerns to me concerning bylaws concerning parking and snow removal. The best way to address the concerns was by amending the traffic and parking bylaw.

The Public Works Superintendent, the Bylaw Enforcement Officer and the Transportation committee have been given a chance to provide feedback into the proposed amendments.

The Bylaw Amendment

I am attaching the proposed bylaw, followed by the existing bylaw with changes tracked in red.

The main changes are:

• Addition of provisions for ticketing vehicles that are impeding snow removal, and prohibition on pushing snow into a road • Corrections to the table of penalties, which was adopted with inconsistencies with the bylaw text. • Clarification of the language around commercial vehicles • Minor tidying such as removing definitions of words that do not otherwise appear in the bylaw, corrections to formatting and spelling.

FINANCIAL/PROGRAM IMPLICATIONS

In the long term, this will likely result in reduced time required for snow removal as people’s habits change, as well as increased safety during snow removal.

Traffic and Parking Bylaw Page 225 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

RELATIONSHIP TO THE OFFICIAL COMMUNITY PLAN/STRATEGIC PLAN

10.2(a) “It is the objective of Council to provide or encourage the development of an efficient network of safe roads to serve the ongoing needs of the residents of the District of Fort St. James”.

Respectfully Submitted,

Kevin Crook Chief Administrative Officer

Traffic and Parking Bylaw Page 226 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION AMENDMENT, BYLAW NO. 917, 2012

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION AMENDMENT BYLAW NO. 917, 2012

A bylaw to amend “District of Fort St. James Traffic and Parking Regulation Bylaw No. 839, 2007.

The Council of the District of Fort St. James enacts as follows:

1. This Bylaw may be cited as “Traffic and Parking Regulation Amendment, Bylaw No. 917, 2012”.

2. “District of Fort St. James Traffic and Parking Regulation Bylaw No. 839, 2007” is amended as follows:

2.1 Section 2.5 is deleted and replaced as follows:

2.5 “Commercial Vehicle” means a Vehicle which is required to display a licence plate pursuant to the current Commercial Vehicle Licensing Bylaw.

2.2 Section 2.6 is deleted.

2.3 Section 2.8 is deleted and replaced as follows:

2.8 “Crosswalk” means the portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface.

2.4 Section 2.22 is deleted.

2.5 Section 2.23 is deleted.

2.6 Section 2.31 is inserted:

2.31 “Licence plate” means a decal required pursuant to the current Commercial Vehicle Licensing Bylaw.

2.7 Section 5.1(k) is deleted and replaced as follows:

(k) stop or park a commercial vehicle or commercial trailer on a highway without displaying on it the licence plate issued for the current licence year of that motor vehicle or trailer;

2.8 Section 5.1(n) is deleted and replaced as follows:

Traffic and Parking Bylaw Page 227 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION AMENDMENT, BYLAW NO. 917, 2012

n) occupy a vehicle as living quarters while it is parked upon any highway or District-owned parking area or in any other public place, excluding designated camping or resting areas;

2.9 Section 5.1(q) is inserted:

q) park any vehicle on any highway such that the vehicle impedes municipal or provincial snow removal operations.

2.10 Section 5.3 is deleted and replaced as follows:

5.3 Trailer Parking

a) No person, being the owner or operator of a commercial trailer shall park such a commercial trailer when it is attached to a vehicle on any highway for more than two consecutive hours, except when the vehicle is delivering or picking up goods, merchandise or other things, or waiting to do so.

b) No person, being the owner or operator of a trailer shall place or park such trailer on any highway if such trailer is not attached to a vehicle and capable of being pushed or drawn at all times, without first obtaining a written permit from the Public Works Superintendent or Bylaw Enforcement Officer.

2.11 Section 6.2(b) is deleted and replaced as follows:

b) Any person operating a skateboard, rollerblades or other similar equipment and apparatus associated with such equipment, shall yield the right of way to and shall not interfere with any person or traffic on or in a public place, highway or boulevard.

2.12 Section 6.4(h) is inserted:

h) No person shall cause or permit snow removed from private land to be deposited on a highway or boulevard.

2.13 Section 7.3(a) is deleted and replaced as follows:

a) Any vehicle unlawfully occupying any portion of District-owned property, highway, boulevard, or public place may, upon the order of a Bylaw Enforcement Officer, be removed to an impoundment lot.

2.14 Section 7.3(b) is deleted and replaced as follows:

b) Any vehicle parked on a highway that is deemed to be an impediment to snow removal may, upon the order of the Public Works Superintendent or a Bylaw Enforcement Officer, be removed to an impoundment lot.

2.15 Schedule “A” – Fines is deleted and replaced with Schedule “A” – Fines attached to and forming part of this bylaw.

Traffic and Parking Bylaw Page 228 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION AMENDMENT, BYLAW NO. 917, 2012

3. If any part of this bylaw is held to be invalid by a decision of any court of competent jurisdiction, the invalid portion shall be severed, without affecting the remainder of this bylaw.

READ A FIRST, SECOND AND THIRD TIME THIS DAY OF 2012.

ADOPTED THIS DAY OF , 2012.

Rob MacDougall Kevin Crook, CAO

Certified to be a true copy of “District of Fort St. James Traffic and Parking Regulation Amendment, Bylaw No. 917, 2012”.

Kevin Crook, CAO

Traffic and Parking Bylaw Page 229 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION AMENDMENT, BYLAW NO. 917, 2012

Bylaw No. 839, 2007 Schedule “A”: Fines

Fine Fine Offence Section Subsequent First Offence Offence a Park vehicle upon any highway 5.1(a) $25.00 $50.00 exceeding 48 hours without moving Park a vehicle in any District-owned parking area exceeding 48 hours 5.1(b) $50.00 $75.00 without authorization Abandon any vehicle upon a highway 5.1(c) $100.00 $200.00 Stop or park a vehicle on a boulevard 5.1(d) $50.00 $75.00 or a in contravention Stop park vehicle 5.1(e) $25.00 $50.00 of traffic control device Stop or park a vehicle on a highway so that it impedes the normal flow of 5.1(f) $25.00 $50.00 traffic Illegal stopping or parking 5.1(g),(h),(i),(j) $25.00 $50.00 Park a commercial vehicle or commercial trailer on a highway 5.1(k) $50.00 $100.00 without displaying a licence plate Stop or park any vehicle so that it impedes passage of entering vehicles 5.1(l) $50.00 $100.00 or exiting private property via a private driveway; or a vehicle on for Stop park highway 5.1(m) $50.00 $100.00 maintenance Use vehicle as living quarters 5.1(n) $50.00 $50.00 Stop or park a vehicle in a designated disabled zone without displaying a 5.1(o) $50.00 $100.00 valid disabled parking permit; Park any vehicle on any highway such that the vehicle impedes municipal or 5.1(q) $50.00 $100.00 provincial snow removal operations. Violation of manner of parking 5.2(a), (b) $25.00 $50.00 a attached to Park commercial trailer 5.3(a) $50.00 $100.00 a vehicle on a highway over 2 hours

Traffic and Parking Bylaw Page 230 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION AMENDMENT, BYLAW NO. 917, 2012

or place unattached on Park trailer 5.3(b) $50.00 $100.00 highway without permit Person(s) obstructing or highway 6.1 $25.00 $50.00 sidewalk Fail to yield to person or traffic 6.2(b) $25.00 $50.00 Operating vehicles with tracks, cleats, ribs, clamps, flanges, lugs, etc., on 6.3(b) $500.00 $750.00 highway dropping, leaking, shifting Vehicle 6.3(c) $250.00 $500.00 load Insecurely fastened cover on load 6.3(d) $100.00 $200.00 Removal of posted notice on vehicle 6.4(a) $100.00 $150.00 Illegal overnight camping 6.4(b) $100.00 $200.00 Remove, alter, deface, cover, or 6.4(c) $200.00 $200.00 damage a traffic control device Display imitation traffic control device 6.4(d) $200.00 200.00 Conduct business from a or vehicle 6.4(d) $200.00 $300.00 place merchandise on any highway Cause refuse from to fall onto vehicle 6.4(g) $50.00 $100.00 a highway or boulevard Cause or permit snow removed from private land to be deposited on a 6.4(h) $50.00 $100.00 highway or boulevard.

Traffic and Parking Bylaw Page 231 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 1

District of Fort St. James

Traffic and Parking Regulation

Bylaw No. 839, 2007

A Bylaw to Regulate Traffic and Parking in the District of Fort St. James

WHEREAS the Council of a municipality is empowered to enact a bylaw to make different regulations or prohibitions for the municipality, including regulations concerning traffic and parking;

AND WHEREAS the Council is empowered to enact fines and penalties for violations of those regulations or prohibitions;

NOW THEREFORE the Council of the District of Fort St. James, in open meeting assembled, hereby enacts as follows;

1. ADMINISTRATIVE PROVISIONS

1.1 This bylaw may be cited as “District of Fort St. James Traffic and Parking Regulation Bylaw No. 839, 2007.”

1.2 This bylaw includes Schedule “A”: Fines.

1.3 “Village of Fort St. James Traffic Regulation By-law No. 136” (1971) and any amendments thereto are hereby repealed.

1.4 If any provision of this Bylaw is determined by a court of competent jurisdiction to be unlawful or unenforceable, that provision shall be severed from this Bylaw and shall not affect the validity of any remaining provision of this Bylaw.

1.5 Metric dimensions are used in this bylaw.

1.6 In this Bylaw words imparting the male gender include the female gender and either includes the neuter and vice versa, and words imparting the singular number include the plural number and vice versa

2. DEFINITIONS

In this bylaw, unless context otherwise requires:

2.1 “Angle Parking” means the parking of a Vvehicle other than parallel to a curb or lateral lines of the roadway, and shall mean that the right front tire shall be closest to the curb or edge of the highway.

2.2 “Boulevard” means the area between the curbs, lateral lines, or the shoulder of a highway and the adjacent property line and includes a sidewalk.

2.3 “Bylaw Enforcement Officer” means a person appointed by Council to enforce District Bbylaws, or a Police Officer.

2.4 “Commercial Trailer” means a trailer but does not include a recreational trailer or a trailer having a gross vehicle weight of less than 700 kilograms.

2.5 “Commercial Vehicle” means a Vehicle which is required to display a licence plate pursuant to “District of Fort St. James Commercial Vehicle Licensing Bylaw No. 791, 2003. a commercial vehicle defined as such and licensed under the Commercial Transportation Act, and any vehicle not so licensed but which is used for the collection or delivery or both of goods, wares, merchandise, or other commodity in the ordinary course of a business undertaking, and displaying a valid decal or plate issued by a municipality for the purpose of identifying a commercial vehicle.

Traffic and Parking Bylaw Page 232 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 2

2.6 “Construction Vehicle” means a commercial vehicle that is at any time used to deliver construction materials or equipment, or used to do construction work.

2.7 "Council" means the Council of the District of Fort St. James.

2.8 “Crosswalk” means :

a) the portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface., or

b) the portion of a roadway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in the absence of curbs, from the edges of the highway.

2.9 “Curb” means that portion of any boulevard that borders on the highway.

2.10 “Cycle” means a device having any number of wheels that is propelled by human power and on which a person may ride.

2.11 “Disabled” means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk.

2.12 “Disabled Zone” means a parking zone identified by the disabled persons parking insignia sign.

2.13 “District” means the District of Fort St. James.

2.14 “Emergency Vehicle” means:

a) a motor vehicle carrying rescue or first aid equipment where there is an emergency justifying a rate of speed in excess of any maximum rate of speed provided for in the Motor Vehicle Act

b) a motor vehicle driven by a member of a fire department in the discharge of that member’s duties;

c) a motor vehicle driven by a Police Officer, constable or member of the police branch of Her Majesty’s Armed Forces, in the discharge of that person’s duties.

2.15 “Gross Vehicle Weight” means the combined weight of the vehicle without the load plus the weight of any load thereon.

2.16 “Highway” includes every highway within the meaning of the Highway Act, and every road, street, lane or right of way designated or identified for or used by the general public for the passage of vehicles.

2.17 “Owner” as applied to a vehicle means:

a) the person who holds the legal title of a vehicle,

b) a person who is a conditional vendee, a lessee or a mortgagor, and is entitled to be in possession of the vehicle, or

c) the person in whose name the vehicle is registered.

2.18 “Park” means the standing of a vehicle, whether occupied or not, upon a highway except when the vehicle is standing temporarily for the purpose of and while actually used for loading or unloading of the vehicle.

2.19 “Permit” means a document in writing issued by the Public Works Superintendent or the Bylaw Enforcement Officer, pursuant to this Bylaw.

Traffic and Parking Bylaw Page 233 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 3

2.20 “Police Officer” means a member of the Royal Canadian Mounted Police.

2.21 “Public Works Superintendent” means the Public Works Superintendent of the District of Fort St. James or anyone authorized to act on his or her behalf.

2.22 “Recreational Vehicle” means a motor vehicle or trailer designed, used or intended to be used primarily for accommodation during travel or recreation.

2.23 “Resident” means a person who resides within the boundaries of the District of Fort St. James.

2.24 “Roadway” means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder; and where a highway includes two or more separate roadways, the term ‘roadway’ refers to any one roadway separately and not to all of them collectively.

2.25 “Sidewalk” means that portion of the boulevard improved for the use of pedestrians.

2.26 “Stop” means:

a) when required, a complete cessation from movement, and

b) when prohibited, the stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a Police Officer or traffic control device.

2.27 “Traffic” includes pedestrians, ridden or herded animals, vehicles, cycles and other conveyances, either singly or together, while using a highway to travel.

2.28 “Traffic Control Device” means a sign, signal, line, marking, space, barrier or device, placed or erected by authority of the Minister of Transportation and Highways, the Council of the District, the Public Works Superintendent or a person authorized by any of them to exercise that authority, for the guidance, regulation, warning, direction, or prohibition of traffic.

2.29 “Trailer” means a vehicle without motor power designed to be drawn by or used in conjunction with a motor vehicle but does not include a sidecar attached to a motorcycle.

2.30 “Vehicle” means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks.

2.31 “Licence plate” means a decal required pursuant to “District of Fort St. James Commercial Vehicle Licensing Bylaw No. 791, 2003.”

3. GENERAL POWERS OF THE PUBLIC WORKS SUPERINTENDENT

3.1 The Public Works Superintendent is authorized to locate, establish and maintain upon any highway or boulevard such traffic control devices as may be deemed necessary for the regulation, direction, control, or prohibition of pedestrian traffic, vehicular traffic, and cycle traffic on any highway or boulevard.

3.2 The Public Works Superintendent is authorized, at his discretion, to temporarily close any highway for any of the following purposes:

a) construction or maintenance, or both, of any highway or boulevard, or anything ancillary to any of them;

b) installation, maintenance or removal of utilities;

c) construction of buildings on abutting properties if, in the opinion of the Public Works Superintendent, such closure or occupation, or both, is desirable to facilitate such construction or is

Traffic and Parking Bylaw Page 234 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 4

necessary to protect the public during such construction;

d) a parade, festival, or block party.

3.3 The Public Works Superintendent or a Bylaw Enforcement Officer may order an owner or occupier of any premises to remove any accumulation of snow or ice from any sidewalk in front of or abutting the premises.

4. GENERAL POWERS OF BYLAW ENFORCEMENT OFFICERS

4.1 A Bylaw Enforcement Officer is authorized to determine whether a vehicle has been abandoned and if that Bylaw Enforcement Officer is satisfied that a vehicle has been abandoned, the Bylaw Enforcement Officer may cause the vehicle to be removed and disposed of pursuant to the Motor Vehicle Act.

4.2 A Bylaw Enforcement Officer may issue bylaw offense notices on any vehicle parked or stopped in contravention of this bylaw.

4.3 A Bylaw Enforcement Officer may issue bylaw offence notices to individuals committing an offense under this bylaw.

5. STOPPING OR PARKING OF VEHICLES

5.1 Parking Prohibitions

Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a Bylaw Enforcement Officer, Police Officer, or traffic control device, no person shall:

a) park a vehicle upon any highway for any continuous period exceeding 48 hours without movement;

b) park a vehicle in any District-owned parking area for any continuous period exceeding 48 hours, without written authorization from the Public Works Superintendent or Bylaw Enforcement Officer;

c) abandon any vehicle upon a highway;

d) stop or park a vehicle on a boulevard or sidewalk;

e) stop or park a vehicle in contravention of a traffic control device;

f) stop or park a vehicle on a highway so that it impedes the normal flow of traffic;

g) stop or park within 6 metres of the approach side of a crosswalk;

h) park a vehicle within 5 metres of a fire hydrant measured from a point on the curb or edge of highway which is closest to the fire hydrant;

i) stop or park a vehicle within 6 metres on the approach to a stop sign;

j) stop or park upon a roadway, other than on the right side of the roadway, and with the right hand wheels parallel to that side, except where angle parking is permitted;

k) stop or park a commercial motor vehicle or commercial trailer on a highway without displaying on it the numberlicence plates issued for the current licence year of that motor vehicle or trailer;

l) stop or park any vehicle so that it impedes passage of vehicles entering or exiting private property via a private driveway;

m) stop or park any vehicle on any highway for the purpose of greasing or repairing such vehicle except repairs necessitated by an emergency;

Traffic and Parking Bylaw Page 235 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 5

n) occupy a vehicle as living quarters for any continuous period exceeding 24 hours while it is parked upon any highway or District-owned parking area or in any other public place, excluding designated camping or resting areas;

o) stop or park a vehicle in a designated disabled zone unless the vehicle displays a valid disabled parking permit;

p) stop, park or leave standing any vehicle, attended or unattended, adjacent to or upon a curb painted yellow, except where necessary to avoid conflict with other traffic, or in compliance with the direction of a bBylaw eEnforcement oOfficer or traffic control device.

q) park any vehicle on any highway such that the vehicle impedes municipal or provincial snow removal operations.

5.2 Manner of Parking

a) No person shall stop or park a vehicle other than parallel to the curb on a highway, except where signs or markings indicate that angle parking is permitted, in which case the vehicle shall be parked at the angle to the curb indicated by such signs or markings, and parallel to and between such markings and as close to the curb as practicable, but in no case greater than 30 centimetres from the curb.

b) Where parallel parking is permitted, vehicles shall be parked with wheels nearest the boulevard positioned parallel to the highway, and where there is a curb, within 30 centimetres of the curb.

5.3 Commercial Trailer Parking

b) No person, being the owner or operator of a commercial trailer shall place or park such commercial trailer on any highway if such trailer is not attached to a vehicle and capable of being pushed or drawn at all times, without first obtaining a written permit from the Public Works Superintendent or Bylaw Enforcement Officer.

5.4 Vehicles Exempt from Parking Regulations

Notwithstanding anything elsewhere contained in this bylaw, the provisions relating to stopping or parking of vehicles shall not apply to:

a) emergency vehicles;

b) vehicles used in conjunction with the servicing of public utilities including telephone systems, electric systems, natural gas systems, water systems and sewage systems;

c) municipal and other government vehicles;

d) towing service vehicles.

This exemption does not relieve the drivers of said vehicles from taking due precautions to indicate their presence on a highway parked or stopped, while engaged in work.

6. HIGHWAY USAGE

6.1 Pedestrians

No person or persons shall stand or assemble on any highway or sidewalk so as to obstruct or prevent other persons from using the highway or sidewalk for the passage of motor vehicles or pedestrians.

Traffic and Parking Bylaw Page 236 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 6

6.2 Regulation of Cycles, Skateboards, and Roller Blades

a) Unless the context otherwise requires, a person operating a cycle on a highway has all the rights and is subject to all the duties that any vehicle operator has under this bylaw.

b) Any person operating a skateboard, rollerblades or other similar equipment and apparatus associated with such equipment, shall yield the right of way to and shall not interfere with the quiet enjoyment of any person or traffic on or in a public place, highway or road.

6.3 Vehicle Regulations

Except as authorized by a written permit from the Public Works Superintendent, no person shall drive or operate on a highway;

a) A passenger vehicle so loaded that any part of the load extends beyond the sides of the vehicle or more than 185 cm beyond the back of the vehicle;

b) A vehicle having wheels or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs, or other attachments or projections which extend beyond the tread, traction surface or smooth surface of the wheel, tread or track, excluding studded tires and tire chains of reasonable proportions when required for safety;

c) A vehicle that is dropping, sifting, or leaking any escapement of its load;

d) A vehicle with any load unless the load or any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner hazardous to other users of the highway;

6.4 General

a) No person shall remove any notice affixed or placed on a vehicle by a Bylaw Enforcement Officer unless he is the owner or operator of such vehicle;

b) No person shall camp overnight on any highway or in any park or in any parking area, other than those areas approved for overnight camping;

c) No person shall remove, alter, deface, cover up or damage any traffic control device erected pursuant to the provisions of this bylaw.

d) No person shall place, erect or display on or within view of any highway, any sign, signal or other device which purports to be or imitates or resembles any traffic control device.

e) Except as specifically authorized by a resolution of Council or by bylaw, no person acting in the course of that person’s business, shall place or cause or permit to be placed by any person in their employ or under their control, any fuel, merchandise, chattel or wares of any nature on any highway or boulevard, or to conduct business from a vehicle parked on any highway.

f) The Public Works Superintendent or Bylaw Enforcement Officer may seize any merchandise, vehicle, fuel, chattel or wares of any nature found to be unlawfully occupying a portion of a highway, boulevard or public place and may cause such object to be removed, detained and impounded.

g) No person shall cause or permit refuse of any type to be thrown, dropped or let fall from or out of any vehicle onto any highway, sidewalk or boulevard.

h) No person shall cause or permit snow removed from private land to be deposited on a highway or boulevard.

7. FINES AND PENALTIES

Traffic and Parking Bylaw Page 237 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 7

7.1 Violations

Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done in contravention of this bylaw is liable on summary conviction to a fine of not more that two thousand dollars ($2,000.00) and costs (including the costs of the committal and conveyance to the place of imprisonment) for each offense, and in default of payment therefore, to imprisonment of a term not exceeding six months in jail. Each day that such violation is permitted to continue shall be a separate offence.

7.2 Ticketing

Fines and penalties for tickets issued for offences against this bylaw shall be in accordance with Schedule “A”, attached hereto and forming part of this Bylaw.

7.3 Impoundment of Vehicles

a) Any vehicle unlawfully occupying any portion of District-owned property, highway, boulevard, highway, or public place may, upon the order of a Bylaw Enforcement Officer, be removed to an impoundment lot.

b) Any vehicle parked on a highway that is deemed to be an impedimentance to snow removal may, upon the order of the Public Works Superintendent or a Bylaw Enforcement Officer, be removed to an impoundment lot.

c) A vehicle removed under Sections 7.3(a) or 7.3(b) will not be released to its owner until the costs of its removal and impoundment are paid. These costs are established in an agreement between the District and its towing agent.

d) If a vehicle that has been impounded is not claimed by its owner within thirty-one days of being given a notice of the impoundment, the vehicle may be sold at public auction. Any monies received on the vehicle's sale shall be applied to the cost of the sale, impoundment, storage, and removal fees. In the event of a surplus, the monies will be sent to the registered owner at the address shown for such owner in the records of the Superintendent of Motor Vehicles.

7.4 Disposal of Objects

a) After the expiration of thirty-one days from the date of seizure of an object, the Public Works Superintendent is authorized to sell the object by auction and the proceeds of the sale shall be the property of the District.

b) The District may recover fees, costs, and expenses for removal, detention, impounding and storage of an object seized by sale of the object at public auction.

c) Where, in the opinion of the Public Works Superintendent, it is impractical to dispose of a seized object by pubic auction, the Public Works Superintendent may dispose of the object in any way deemed fit.

7.5 Liability for Damages and Costs

In addition to all other penalties herein provided, any person causing damage to any highway or boulevard, or any person being the owner or operator of a vehicle that has caused damage to any highway or boulevard, shall be responsible for the cost of repairing such damage.

READ A FIRST, SECOND AND THIRD TIME THIS 28th DAY OF FEBRUARY, 2007.

ADOPTED THIS 14TH DAY OF MARCH, 2007.

Traffic and Parking Bylaw Page 238 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 8

______Rob MacDougall, Mayor Nigel Black, CAO

Certified a true copy of “District of Fort St. James Traffic and Parking Regulation Bylaw No. 839, 2007”.

Nigel Black, CAO

Traffic and Parking Bylaw Page 239 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 9

Bylaw No. 839, 2007 Schedule “A”: Fines

Fine Fine Offence Section Subsequent First Offence Offence a exceeding Park vehicle upon any highway 5.1(a) $25.00 $50.00 7248 hours without moving Park a vehicle in any District-owned parking area exceeding 48 hours without 5.1(b) $50.00 $75.00 authorizationovernight Abandon any vehicle upon a highway 5.1(c) $100.00 $200.00 or a on a or Stop park vehicle boulevard 5.1(d) $50.00 $75.00 sidewalk or a in contravention of Stop park vehicle 5.1(e) $25.00 $50.00 traffic control device or a on a so that it Stop park vehicle highway 5.1(f) $25.00 $50.00 to impedes the normal flow of traffic Illegal stopping or parking 5.1(g),(h),(i),(j) $25.00 $50.00 Unlicensed Park a commercial vehicle or vehicle/ on a commercial trailer trailer parked 5.1(k) $50.00 $100.00 on highway without displaying a licence plateroad Stop or park any vehicle so that it impedes passage of vehicles entering or exiting private property via a private driveway;Stop or park 5.1(l) $50.00 $100.00 vehicle of more than 4,600 kilograms over 2 hours or a vehicle on for Stop park highway 5.1(m) $50.00 $100.00 maintenance Use vehicle as living quarters 5.1(n) $50.00 $50.00 Stop or park a vehicle in a designated disabled zone without displaying a valid disabled 5.1(o) $50.00 $100.00 parking permit;Park or stop in disabled zone Park any vehicle on any highway such that the vehicle impedes municipal or provincial snow 5.1(q) $50.00 $100.00 removal operations. Violation of manner of parallel parking 5.2(a), (b) $25.00 $50.00

Parking commercial trailer attached to a 5.3(a) $50.00 $100.00 vehicle on a highway over 2 hours or place unattached Park commercial trailer 5.3(b) $50.00 $100.00 on highway without permit Person(s) obstructing highway or sidewalk 6.1 $25.00 $50.00 Fail to yield to person or Interference traffic 6.2(b) $25.00 $50.00 with pedestrians Overloaded passenger vehicle 6.3(a) $100.00 $150.00 Operating s with tracks, cleats, ribs, vehicle 6.3(b) $500.00 $750.00 clamps, flanges, lugs, etc., on highway Vehicle dropping, leaking, shifting load 6.3(c) $250.00 $500.00 Insecurely fastened cover on load 6.3(d) $100.00 $200.00 Removal of posted notice on vehicle 6.4(a) $100.00 $150.00 Illegal overnight camping 6.4(b) $100.00 $200.00

Traffic and Parking Bylaw Page 240 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 6.1

DISTRICT OF FORT ST. JAMES TRAFFIC AND PARKING REGULATION BYLAW NO. 839, 2007 10

Remove, alter, deface, cover, or damage a 6.4(c) $200.00 $200.00 traffic control device Display imitation traffic control device 6.4(d) $200.00 200.00 Conduct business from a or place vehicle 6.4(d) $200.00 $300.00 merchandise on any highway Cause Rrefuse from to fall onto a vehicle 6.4(g) $50.00 $100.00 highway or boulevard Cause or permit snow removed from private land to be deposited on a or highway 6.4(h) $50.00 $100.00 boulevard.

Traffic and Parking Bylaw Page 241 of 286 Amendment, Bylaw No. 912, 2012 ... Agenda Item # 7.1

Information Items Page 242 of 286 ... Agenda Item # 7.1

Information Items Page 243 of 286 ... Agenda Item # 7.1

Information Items Page 244 of 286 ... Agenda Item # 7.1

Information Items Page 245 of 286 ... Agenda Item # 7.1

Information Items Page 246 of 286 ... Agenda Item # 7.1

Information Items Page 247 of 286 ... Agenda Item # 7.1

Information Items Page 248 of 286 ... Agenda Item # 7.1

Information Items Page 249 of 286 ... Agenda Item # 7.1

Information Items Page 250 of 286 ... Agenda Item # 7.1

Information Items Page 251 of 286 ... Agenda Item # 7.1

Information Items Page 252 of 286 ... Agenda Item # 7.1

Information Items Page 253 of 286 ... Agenda Item # 7.1

Information Items Page 254 of 286 ... Agenda Item # 7.1

Information Items Page 255 of 286 ... Agenda Item # 7.1

Information Items Page 256 of 286 ... Agenda Item # 7.1

Information Items Page 257 of 286 ... Agenda Item # 7.1

Information Items Page 258 of 286 ... Agenda Item # 7.1

Information Items Page 259 of 286 ... Agenda Item # 7.1

Information Items Page 260 of 286 ... Agenda Item # 7.1

Information Items Page 261 of 286 ... Agenda Item # 7.1

Information Items Page 262 of 286 ... Agenda Item # 7.1

August 31, 2012

Mayor Rob MacDougall & Members of Council District of Fort St. James 477 West Stuart Dr, PO Box 640 Fort St. James, BC V0J 1P0

Dear Mayor MacDougall & Members of Council:

Subject: 2012 UBCM Resolution on Outdoor Smoke-Free Public Places

As we wrote to you in the spring of this year, the health hazards associated with tobacco smoking and exposure to second-hand tobacco smoke are well-known and irrefutable, even in outdoor settings. Simply, there is no safe level of exposure to second-hand tobacco smoke, and smoking in and of itself kills when cigarettes are used as directed.

We have continually encouraged the provincial government to implement legislation to ban smoking in certain outdoor public places, most specifically places where people congregate for extended periods of time, and/or where children are often present. These places include customer service patios of restaurants and bars; in parks, on playgrounds and on beaches; and at public events. In the absence of provincial legislation, we have also encouraged individual municipalities in BC to protect their residents by implementing a bylaw on this issue. However, we still would prefer that the provincial government implement legislation on the issue to provide harmonization, consistency and continuity across the province instead of the current patchwork of municipal bylaws.

We are pleased that the City of Kamloops has forwarded a resolution to the 2012 UBCM Convention requesting the UBCM and provincial government consult with industry in order to develop and implement province-wide, uniform legislation banning smoking in specific outdoor public places, including those mentioned above. The specific resolution is attached for your information.

We encourage you to support the resolution at the 2012 UBCM Convention. Having such provincial legislation will create a more consistent framework across the province, and provide greater protection for all BC residents from second-hand tobacco smoke.

Sincerely,

Diego Marchese Scott McDonald CEO, BC & Yukon President & CEO Heart and Stroke Foundation BC Lung Association

Attach. City of Kamloops, Smoke-Free Outdoor Public Places Resolution

cc. Kelsey Yarmish, Northern Health Authority

Information Items Page 263 of 286 ... Agenda Item # 7.1

SMOKE FREE OUTDOOR PUBLIC PLACES

CITY OF KAMLOOPS

WHEREAS the US Surgeon General, in a definitive report issued June 2006, concluded that there is no safe level of exposure to second-hand tobacco smoke, even in outdoor settings. Scientific evidence shows that, although varying from situation to situation, the fine particulate matter in second-hand tobacco smoke generally does not dissipate until 7.5 m from its source; and

WHEREAS thirty (30) municipalities across British Columbia have taken a leadership role in implementing smoke-free outdoor public places by-laws, unfortunately these by-laws contain a variety of different requirements and conditions which can cause confusion for the public.

THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities (UBCM) and the provincial government be requested to consult with industry and implement legislation banning tobacco smoking in customer service patios of restaurants, in bars and pubs; in parks; on playgrounds, on beaches; at public events; and at least 7.5 m from each of these locations; and at least 7.5 m from doors, windows and air intakes of public buildings.

Information Items Page 264 of 286 ... Agenda Item # 7.1

Information Items Page 265 of 286 ... Agenda Item # 7.1

Information Items Page 266 of 286 ... Agenda Item # 7.1

Information Items Page 267 of 286 ... Agenda Item # 7.1

Information Items Page 268 of 286 ... Agenda Item # 7.1

Information Items Page 269 of 286 ... Agenda Item # 7.1

Information Items Page 270 of 286 ... Agenda Item # 7.1

Information Items Page 271 of 286 ... Agenda Item # 7.1

Information Items Page 272 of 286 ... Agenda Item # 7.1

Information Items Page 273 of 286 ... Agenda Item # 7.1

Information Items Page 274 of 286 ... Agenda Item # 7.1

Information Items Page 275 of 286 ... Agenda Item # 7.1

Information Items Page 276 of 286 ... Agenda Item # 7.1

Information Items Page 277 of 286 ... Agenda Item # 7.1

Information Items Page 278 of 286 ... Agenda Item # 7.1

Information Items Page 279 of 286 ... Agenda Item # 7.1

Information Items Page 280 of 286 ... Agenda Item # 7.2

Council Events, Fort St. James Community Events

Wed 5 Sep 2012

7pm - 9pm Council Meeting Calendar: Fort St. James Community Events Created by: Kevin Crook

7pm - 9pm Council Meeting Calendar: Council Events Created by: Kevin Crook

Thu 6 Sep 2012

All day RDBN Committees Meeting Thu 6 Sep 2012 - Fri 7 Sep 2012 Where: Burns Lake Calendar: Council Events Created by: Emily Colombo

4pm - 7pm Ladies Night Golf Where: Stuart Lake Golf Course Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Mon 10 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

5pm - 8pm Recreation Health Fair & Classic Car Show! Where: Fort Arena Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Tue 11 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

4:30pm - 6pm FSJ Medical Society Working Group Where: FSJ District Office - Council Chambers Calendar: Council Events Created by: Kevin Crook

Wed 12 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

12pm - 2pm Interagency Calendar: Council Events Created by: Kevin Crook

Calendar of Events Page 281 of 286 ... Agenda Item # 7.2

Council Events, Fort St. James Community Events

Thu 13 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

4pm - 7pm Ladies Night Golf Where: Stuart Lake Golf Course Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Fri 14 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Mon 17 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Tue 18 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Wed 19 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

7pm - 9pm Council Meeting Calendar: Council Events Created by: Kevin Crook

7pm - 9pm Council Meeting Calendar: Fort St. James Community Events Created by: Kevin Crook

Thu 20 Sep 2012

All day RDBN Board Meeting Thu 20 Sep 2012 - Fri 21 Sep 2012 Where: Burns Lake Calendar: Council Events Created by: Emily Colombo

Calendar of Events Page 282 of 286 ... Agenda Item # 7.2

Council Events, Fort St. James Community Events

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

9am - 10am Prince George Regional Advisory Committee Where: teleconference Calendar: Council Events Created by: Kevin Crook

4pm - 7pm Ladies Night Golf Where: Stuart Lake Golf Course Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Fri 21 Sep 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Sun 23 Sep 2012

6:30pm - 8pm Newcomer's Potluck Where: TBA Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Mon 24 Sep 2012

All day UBCM Conference Mon 24 Sep 2012 - Sat 29 Sep 2012 Where: Victoria Calendar: Council Events Created by: Kevin Crook

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Tue 25 Sep 2012

All day UBCM Conference Mon 24 Sep 2012 - Sat 29 Sep 2012 Where: Victoria Calendar: Council Events Created by: Kevin Crook

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Calendar of Events Page 283 of 286 ... Agenda Item # 7.2

Council Events, Fort St. James Community Events

Wed 26 Sep 2012

All day UBCM Conference Mon 24 Sep 2012 - Sat 29 Sep 2012 Where: Victoria Calendar: Council Events Created by: Kevin Crook

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Thu 27 Sep 2012

All day UBCM Conference Mon 24 Sep 2012 - Sat 29 Sep 2012 Where: Victoria Calendar: Council Events Created by: Kevin Crook

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

4pm - 7pm Ladies Night Golf Where: Stuart Lake Golf Course Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Fri 28 Sep 2012

All day UBCM Conference Mon 24 Sep 2012 - Sat 29 Sep 2012 Where: Victoria Calendar: Council Events Created by: Kevin Crook

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Mon 1 Oct 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Tue 2 Oct 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Calendar of Events Page 284 of 286 ... Agenda Item # 7.2

Council Events, Fort St. James Community Events

Wed 3 Oct 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Thu 4 Oct 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

7pm - 8pm Community "Ed Chat" Where: Sowchea School Calendar: Council Events Created by: Kevin Crook Who: Rob MacDougall, Russ Gingrich, Riley Willick, Dave Birdi, Joan Burdeniuk

Fri 5 Oct 2012

9am - 3:30pm Addictions Day Program - Northern Health Where: 2nd Floor: Mental Health & Addictions Office, 140 Stuart Drive West Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Mon 8 Oct 2012

All day Thanksgiving - stat holiday Mon 8 Oct 2012 - Tue 9 Oct 2012 Calendar: Council Events Created by: Kevin Crook

Wed 10 Oct 2012

5pm - 6:30pm Transportation Meeting Where: District Office Calendar: Council Events Created by: Emily Colombo

7pm - 9pm Council Meeting Calendar: Fort St. James Community Events Created by: Kevin Crook

7pm - 9pm Council Meeting Calendar: Council Events Created by: Kevin Crook

Thu 11 Oct 2012

All day RDBN Committees Meeting Thu 11 Oct 2012 - Fri 12 Oct 2012 Where: Burns Lake Calendar: Council Events Created by: Kevin Crook

Calendar of Events Page 285 of 286 ... Agenda Item # 7.2

Council Events, Fort St. James Community Events

Wed 24 Oct 2012

5pm - 6:30pm Transportation Meeting Where: District Office Calendar: Council Events Created by: Emily Colombo

7pm - 9pm Council Meeting Calendar: Fort St. James Community Events Created by: Kevin Crook

7pm - 9pm Council Meeting Calendar: Council Events Created by: Kevin Crook

Thu 25 Oct 2012

All day RDBN Board Meeting Thu 25 Oct 2012 - Fri 26 Oct 2012 Where: Burns Lake Calendar: Council Events Created by: Kevin Crook

Sun 28 Oct 2012

6:30pm - 8:30pm Newcomer's Potluck Where: TBA Calendar: Fort St. James Community Events Created by: Mel Chesnutt

Calendar of Events Page 286 of 286