Application of Forest Legislation and Policy

In this module, students must write a professional essay that links the work of other resource professionals to the legislation and regulation that guides it, using examples from Forest Appeals Commission’s decisions.
The Forest Appeals Commission (FAC) “is an independent agency, which hears appeals from administrative decisions made under a variety of statutes. …The Commission currently hears appeals under the: Forest Practices Code of British Columbia Act, Forest and Range Practices Act, Private Managed Forest Land Act, Wildfire Act, Forest Act, and Range Act.”
Students must make a careful review of a FAC decision file and summarize it into an essay which is to be prepared following the criteria and instructions provided.
Full essay criteria requirements are provided in the Required Elements in the Alternate Essay document. The 1,500 to 4,500 word essay (5 to 15 pages, double spaced) must include the following elements:

  1. a detailed, cogent summary of a FAC decision;
  2. how the decision is pertinent to the legislation;
    • Potential legislation pertinent to the decision: FRPA, FPPR, Forest Act , Foresters Act,
  3. how the issues in the decision are pertinent to your work environment; and
  4. how due diligence affected the outcome.
    INSTRUCTIONS
    Prepare your essay:
  5. Review the selection of Forest Appeals Board decisions listed in the section “Decision Examples” and/or research others. http://www.fac.gov.bc.ca/decisions.htm
  6. Review the Due Diligence reference document
  7. Review the Required Elements in the Alternate Essay document for full details. The essay will be evaluated by these criteria.
  8. Choose a FAC decision for your essay.
  9. Prepare a plan
  10. Prepare an essay that includes all of the required elements criteria.
  11. Indicate the location of each element by using footnotes in your essay.
    Not all FAC decisions will reference all the required elements. To assist your understanding of forest legislation and policy, you are asked to compare the FAC decision against the Required Elements document, completing or addressing any missing elements.
    Missing or Absent Elements:
    For missing elements, you must include a rationale detailing why the element is missing from the decision. Provide this rationale in the required elements checklist.
  12. Complete the required elements checklist.
    • Indicate the footnote # and page # for each required element.
    • Provide a rationale for missing elements.
  13. Review your essay against the Required Elements document and checklist.
    • It can take several revisions to complete your essay.
    • All of the required elements listed must exist in the essay for the exercise to be considered complete.
    • Finalize your essay, append the completed required elements checklist
    Decision Examples:
    The FAC decisions below were collected to provide samples to be considered, but are not intended to limit your choice.
    2018 – Apollo Forest Products Ltd. – appraisal data http://www.fac.gov.bc.ca/forestAndRange/2016frp002a.pdf
    2017 – Government of BC – wildfire
    http://www.fac.gov.bc.ca/wildfireAct/2017wfa005a_006a.pdf

2017 – M.G. Logging and Sons Ltd. – trespass http://www.fac.gov.bc.ca/forestAndRange/2016frp001a.pdf
2015 – McBride Community Forest Corporation – OGMA trespass http://www.fac.gov.bc.ca/forestAndRange/2014frp002a.pdf
2009 – Ainsworth Lumber Co. Ltd. – appraisal data http://www.fac.gov.bc.ca/forestAndRange/2008for006(a).pdf
2004 – Weyerhaeuser Company Limited – stumpage appraisal determination http://www.fac.gov.bc.ca/forestAct/2004fa035a_036a_037a.pdf
Potential Resources:

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