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A Case Study of Nova Scotia's Forest Conservation Legislation

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A Case Study of Nova Scotia's Forest Conservation Legislation Dimensions of Power in Forest Resource Decision-Making: A Case Study of Nova Scotia’s Forest Conservation Legislation. by Glyn Charles Bissix PhD. Thesis The London School of Economics and Political Science University of London 1999 Abstract. This study identifies power relationships within forest conservation decision-making in Nova Scotia, Canada. Rather than rely on the ‘customary science’ of resource conservation largely based on biological and physical parameters, this analysis is steeped in the traditions of social science and policy analysis. This study’s central focus is the Forest Improvement Act (FIA): 1962-1986. Forest conservation policies and legislative initiatives developed prior to FIA enactment such as the Small Tree Act (STA): 1942 - 1965 are treated in this study as the FIA’s policy gestation period. Theoretical and practical insights derived from this pre-FIA period are used in the assessment of the FIA and these combined understandings are subsequently applied to the analysis of contemporary forest conservation policy. For contemporary analysis, six case studies including the Nova Scotia Envirofor process and the St. Mary’s River Landscape and Ecology Management proposal, as well as a recent provincial government initiative are examined. This study utilises a broad range of decision-making and resource management theory to tease out understandings of the particular character of the policy process. The analysis utilises various decision-making models, theories of power, and multi-agency decision- making models as well as the Environmental Modernisation literature developed by Turner, O’Riordan and Weale and others. In addition to the investigative methodologies used generally throughout this study, the Envirofor and the St. Mary’s case studies employed a ‘participant observer’ approach that provided otherwise unavailable insights into these conservation initiatives. Regardless of policy content, this study shows that external forces such as woodfibre markets were key to the implementation of ground level forest conservation. Ironically, this study links the renewal of forest conservation legislation to the demand for increased forest exploitation. New forest policy initiatives were as much to do with pacifying conservation interests as they were about promoting ground level forest conservation. 2 Table of Contents: Abstract 2 Table of Contents 3 List of Tables 6 List of Figures 7 List of Appendices 8 List of Abbreviations 9 Acknowledgements 10 Chapter 1: Introduction 13 Background 13 The Study Approach 20 The Study Format 21 Chapter 2: The Geography of Nova Scotia’s Forest Conservation 24 The Forests of Nova Scotia 27 Forest Conservation Policy in Nova Scotia 33 Chapter 3: The Theoretical Foundations of Natural Resource Management 37 Conceptualising Natural Resource Management 37 Environmentalism 40 Multi-objective Forest Management 44 Sustainability, Ecological Modernisation and Forestry 48 Market and State Failure 61 Green Taxes 66 Chapter 4: The Theoretical Foundations of Power and Decision-making 72 Decision-making Models 72 Power and the Decision-making Process 81 The Policy Process 93 Chapter 5: Review of Methodology 103 The Methodological Approach 103 The Analytical Approach 111 3 Chapter 6: The Pre-FIA Era 114 The Socio-political Context 114 The Pulp Enhancement Programme 117 The Small Tree Act 123 The Transition of Power--the FIA Gestation Process 128 The FIA Policy Gestation Phase 129 The STA: Market or State Failure? 134 Chapter 7: The FIA Legislative Process 138 The FIA Legislative Workings 141 Chapter 8: Dimensions of Power in the FIA Implementation Process 161 The Early Multi-agency Management Context 161 Dimensions of Power during the Late FIA Period 173 The FIA and Ecological Modernisation 183 Chapter 9: Contemporary Forest Conservation Policy 191 The Royal Commission of Enquiry 191 The Dying Days of the FIA 194 The Forest Enhancement Act Era; 1986 - the Present 198 Six Forest Conservation Case Studies 201 The Department of Natural Resources Position Paper 225 Conclusions 228 Chapter 10: Summary, Conclusions, and Recommendations 230 Summary 231 Conclusions 235 Recommendations 248 The Final Word 256 4 Bibliography: 258 Acts of Parliament and Legislature 258 Books, Monographs and Book Chapters 258 Industrial, Professional and Governmental Publications 263 Newspaper Clippings 267 Serial Articles and Conference papers 268 Appendices: 270 Appendix A1: Decision-Making Models—Concepts Summaries 270 Appendix A2: Conceptual Summary of the Three Dominant Political Interpretations of Power 272 Appendix B: Chronology of Nova Scotia Forestry 277 Appendix C: Interviews, Project Participants, and Key Institutions 283 Glossary of Selected Terms 289 5 List of Tables: 2.1: Age Classification of Nova Scotia’s Forests 32 3.1: Multiple Objective Forest Management in Nova Scotia: Theory and Practical Implications 46 3.2: Environmental Management Strategies—Principle Types and Examples 70 4.1a: Decision-Making Models: General Concepts 73 4.1b: Comparison of Decision-Making Characteristics 74 4.2: The Multi-agency Analytical Framework 80 4.3: Dominant Macro-Theories of Power: a Comparison 84 6.1: Variation of County Land Tax Assessments-circa 1951 118 7.1: The “Forest Improvement Act” (FIA) - SNS Chapter 2, 1962 138 7.2: The “Forest Improvement Act” (FIA) - SNS Chapter 5, 1965 140 7.3: The “Forest Improvement Act” (FIA - Chapter 28: Assented to 11 April 1968 150 7.4: The “Forest Improvement Act” as Amended - Assented to 15 May 1972 152 7.5: The “Forest Improvement Act” as Amended - cited in RSNS Consolidated Legislative Reports, May 1984 154 8.1: Concentration of Sawmill Production during the Pulp Expansion Period 170 6 List of Figures: Figures: 1.1: Organisational Map of the Nova Scotian Forest Sector 19 2.1: Location of Nova Scotia in Eastern Canada 24 2.2: Land Ownership in Nova Scotia 31 3.1: Concepts of Environmentalism 41 4.1: Dimensions of Policy Analysis 94 4.2: Policy Interactions 95 4.3: The Policy Cycle 96 4.4: Policy Gestation Process 98 4.5: The Policy Implementation Process 102 8.1: Map to Show Forest Products Monopsony Regions in Nova Scotia 175 8.2: Market Structure of a Typical Nova Scotian Forest Sector Monopsony 177 9.1: Location of Saint Mary’s River /Liscomb Model Forest Program 206 9.2: Location of Colchester-Cumberland Counties Integrated Resource Management Project 211 9.3: Location of the Northern Cape Breton Greater Ecosystem 215 7 List of Appendices: A: Conceptual Summary of the Three Dominant Political Interpretations of Power 269 B: Chronology of Nova Scotia Forestry 276 C: Interviews, Key Project Participants, and Key Institutions 282 D: Glossary of Selected Terms 288 8 List of Abbreviations: Bowater Bowater’s (Bowaters or Bowater) Mersey Paper Company CIF:NSCanadian Institute of Foresters: Nova Scotia Section CSA Canadian Standards Association CSA:SFM Canadian Standards Association: Sustainable Forest Management DFPIB District Forest Practices Improvement Board DLF (Nova Scotia) Department of Lands and Forest d.m. decision-making DNR (Nova Scotia) Department of Natural Resources FEA Forest Enhancement Act FIA Forest Improvement Act IRM Integrated Resource Management (Forestry) LEM Landscape and Ecology Management NSFPA Nova Scotia Forest Products Association NSWOA Nova Scotia Woodlot Owners Association NSWOOA Nova Scotia Woodlot Owners and Operators Association PFPIB Provincial Forest Practices Improvement Board Scott Scott Worldwide Incorporated, Canadian Timberlands STA Small Tree Act Stora Stora Forest Industries Limited, formerly Stora Kopparberg WHC Wildlife Habitat Canada 9 Acknowledgements. I would like to express my thanks to Professors Judith A. Rees and Derek Diamond of the London School of Economics for supervising this thesis and showing great patience in awaiting the final version. I also want to thank my wife, Sue and our daughter Samantha for the sacrifices they have made--working on my thesis became a way of life not just an excuse for refraining from normal family life. In addition, I want to acknowledge the support of my mother and father in Bristol and my good friends Anthony and Janet in Wrington for their continued hospitality and support while working in England. Finally I want to thank all those who freely gave interviews with no clear view of how their input would be used, and to those in the forest sector who invited me to participate in various forest conservation policy development initiatives. The insights gained as a participant observer were invaluable in understanding the complexity and the challenges to policy-makers in the field. 10 11 12 Chapter One: Introduction. Whether Nova Scotians are directly involved in forestry for their livelihood or spend their leisure time in the forests, the forests are an important symbol of Nova Scotians’ welfare and identity. Unfortunately, for forest policy, different forest values have given rise to different visions for the forests. One vision sees the forests primarily as an industrial installation; a contrasting view sees them as a playground. Over the years, these contrasting views of forest management have differentially affected ground level forest management and stewardship. This has resulted in recurring difficulties for policy makers in defining the forest management problem, determining the public interest, and prescribing workable forest resource management policies. To get at the heart of this dilemma, this study examines the development of forest conservation legislation and policy in Nova Scotia.
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