Our Work and Indigenous Communities

A look at Forest Practices Board work and its relevance to Indigenous Peoples

Introduction

Stubbed trees of various sizes and varieties with yellow flagging tape wrapped around their trunks mark a preserved lithic site near an opening in the forest.

A lithic site reserve near Fort St. James.

Indigenous Peoples in BC have lived, stewarded and relied on the land since time immemorial. For Indigenous Peoples, the lands, waters, plants and animals have significant cultural, traditional and spiritual importance. The Forest Practices Board acknowledges and respects the many First Nations territories we work within. We wish to expand our knowledge and learn from Indigenous Peoples.

This StoryMap shares how we have worked with Indigenous Peoples in the past. We hope it inspires ideas for future engagement and cooperative work.

Explore the First Peoples' Map of BC for an interactive map of the many Indigenous territories throughout BC.

The Forest Practices Board

The Forest Practices Board (The Board) is the public’s independent watchdog for sound forest and range practices in British Columbia, providing oversight of government and industry practices. The Board operates independently from government ministries, the forest and range industries, and environmental groups.

A Monumental Tree on Haida Gwaii.

How is the Board independent?

The Board is funded by the Province, but has its own budget, separate from any ministry. Regardless of who’s on the Board, or who’s being audited or investigated, our conclusions are defined by the standard that all forest and range operators must meet: the Forest and Range Practices Act (FRPA) and the Wildfire Act. We report our findings to the public and to government. Our reports show our independence, recommending improvements to BC government policies and legislation, and industry practices.

What does the Board do?

Auditors inspect a decommissioned bridge during the 2001-2005 Nisga'a Audits.

Work we must do

  • Conduct audits of forest and range practices on public lands to assess compliance with FRPA and the Wildfire Act and the appropriateness of government enforcement of the Acts
  • Investigate public complaints regarding compliance with FRPA and the Wildfire Act and appropriateness of government enforcement
    • Indigenous licensees, individuals, and organizations can be the subjects of audits and complaint investigations and can also make complaints to the Board

Auditors observe reforestation of Interior Douglas fir during a 2018 Special Investigation.

Work we may do

  • Conduct special investigations to address forestry-related matters that are of interest to the public
  • Issue special reports to comment publicly on matters generally related to the work of the Board
  • Recommend improvements to operations, planning, legislation, and policy
  • Participate in appeals to the Forest Appeals Commission, to represent the public interest in matters under consideration

A culturally sensitive site protected by a no machine zone buffer.

Work we cannot do

  • Address Indigenous rights or title issues
  • Assess forest or range practices on private land (except private land within woodlots and tree farm licences)
  • Issue fines or penalties, or direct companies to comply or stop work
  • Judge adequacy of land use plans

Working in Indigenous Territory

Click on the various cases on the left or their icons on the map to learn more about each Board project.

Canim Lake Band

Compliance Audit (2014)

McLeod Lake Indian Band

Compliance Audit (2018)

Saik'uz First Nation

Full-scope Compliance Audit (2019)

Nisga'a Nation

Compliance Audits (2001-2009)

Toquaht Nation

Complaint Investigation (2007)

Haida Nation

Complaint Investigation (2014)

Lhtako Dene Nation

Complaint Investigation (2019)

Tactical Forest Planning

Special Report (2019)

Cumulative Effects

Special Report (2011)

Heiltsuk Nation

Information Sharing Opportunity (2012)

Haida Nation Workshop

Training Opportunity (2014)

Canim Lake Band

Compliance Audit (2014)

Audit of a First Nations woodland licence, held by Kenkeknem Forest Tenure Ltd.

This audit examined forest practices conducted under this First Nations’ woodland licence. The audit confirmed that roads, harvesting, and other forest practices complied with FRPA and the Wildfire Act.

This was the Board’s first audit of a First Nations woodland licence, which is only issued to First Nations and allows for an increased role in forest stewardship, protection of traditional-use practices, and management of non-timber forest products.

McLeod Lake Indian Band

Compliance Audit (2018)

In 2018, the Board selected community forest agreement K2M, held by McLeod Lake Mackenzie Community Forest Limited Partnership (MLMCF) for audit. The MLMCF is jointly managed by the District of Mackenzie and the McLeod Lake Indian Band. The audit found MLMCF in compliance with BC’s forestry legislation.

Auditors noted that the community forest was proactive in adopting fire-management stocking standards in the wildland urban interface, which permits more deciduous trees and fewer coniferous trees to reduce fire risk around the community of Mackenzie. This is a best practice that deserves recognition.

This report highlights an audit of a First Nation’s jointly held forest agreement with exemplary forest practices.

Saik'uz First Nation

Full-scope Compliance Audit (2019)

As part of its 2019 compliance audit program, the Board selected non-replaceable forest licence (NRFL) A91154, held by Saik'uz First Nation (Saik’uz), for audit.

Auditors examined operational planning, timber harvesting, silviculture, wildfire protection, and road, bridge and major structure construction and maintenance. Saik’uz complied with the requirements of the Forest and Range Practices Act, the Wildfire Act and related regulations.

This report is an example of a clean audit of a forest licence held by a First Nation.

Nisga'a Nation

Compliance Audits (2001-2009)

Board audits were required under the Nisga’a Final Agreement, which required the Board to perform compliance audits of forest agreements and licences on Nisga’a lands in each year of a defined five-year transition period (2001-2005).

Annual audits looked at forest companies’ compliance with forest practices legislation; government’s fulfillment of silviculture and enforcement obligations; and road maintenance and deactivation commitments over a period of five years. Early audits found some non-compliance: riparian planning and practices; silviculture prescriptions; road and bridge maintenance; and unauthorized road building. These issues were resolved by the companies. However, one company, New Skeena, went bankrupt and left behind significant non-compliance for silviculture, harvesting, road and bridge maintenance, and road deactivation obligations. The Board urged the provincial government to develop an action plan to address the outstanding obligations.

The Ministry of Forests did work co-operatively with the Nisga’a Lisims Government to make sure the remaining problems were identified and resolved in a timely manner. In 2009, the Board issued its final report, commending the Province’s work to address the outstanding forestry obligations on Nisga’a Lands.

The Board’s audits helped to ensure Nisga'a forest lands were in good condition with all applicable forestry obligations being met. The Board was pleased to be able to contribute to the fulfillment of this historic agreement.

Toquaht Nation

Complaint Investigation (2007)

The Nation filed a complaint about approval of a cutblock amendment.

The Board found the Nation had been provided with adequate information about the amendment. However, the amendment process did not address infringement of Aboriginal rights and the Ministry of Forests and the forest company did not adequately discuss alternative cutblock amendments with the Nation.

Following the investigation, the Toquaht Nation and the forestry company (operated by the Ucluelet Economic Development Corporation) entered into a joint community forest licence, illustrating the two parties are working together in a positive relationship.

Haida Nation

Complaint Investigation (2014)

The Council of the Haida Nation (Haida) filed a complaint about poor visual quality management in two cutblocks along Skidegate Channel. Skidegate Channel and Narrows serve as an important marine transportation corridor for locals, fishermen and tourists.

The Haida’s concerns were well founded, as the Board investigation found the visual quality objectives had not been met.

The Provincial government sets visual quality objectives to preserve the natural appearance of a landscape. Generally, they are put in place when potential forestry operations occur in a publicly visible location. They limit the amount of tree cover that can be harvested based on objectives determined by the district manager or higher level plans.

The Board also found the government did not provide an adequate rationale or a reasoned decision for stopping its investigation of the non-compliance, nor was the pace of the investigation satisfactory.

The report highlighted the district manager’s lack of authority to refuse cutting permits, even when they suspect a high risk to forest values, such as visual quality. In government’s recent amendments to FRPA, district managers are being given this authority, partly as a result of the Haida’s complaint and the Board’s investigation.

Lhtako Dene Nation

Complaint Investigation (2019)

The Board received a complaint from the Lhtako Dene Nation, that Tolko did not properly manage landscape-level biodiversity and did not consult with them, as had been promised. The complaint also said the Ministry of Forests, Lands, and Natural Resource Operations approved a third extension to Tolko’s forest stewardship plan (FSP), even though it was likely not consistent with the Forest and Range Practices Act and that the Ministry did not consult the Lhtako Dene prior to approving the FSP extension.

Following the submission of the complaint, there were developments that largely resolved the Lhtako Dene’s concerns. In December 2018, Tolko requested a fourth extension to its FSP, but it was not approved by the Ministry and the FSP expired.

The Ministry then completed consultation with the Lhtako Dene and approved a six-month extension to the expired FSP. The FSP extension included multiple objectives and conditions for protecting values, including landscape-level biodiversity, wildlife and fisheries. The Lhtako Dene believe this will ensure more effective management of landscape-level biodiversity and wildlife, thereby resolving their concerns.

In April 2019, government introduced amendments to the Forest and Range Practices Act that place conditions and limitations on extending the term of a FSP beyond its original expiry date. The amendments will help provide greater transparency and increased frequency for licensees and government to consult with First Nations once they are brought into force.

This complaint led to improvements to the Forest and Range Practices Act.

Tactical Forest Planning

Special Report (2019)

Tactical Forest Planning: The Missing Link Between Strategic Planning and Operational Planning in BC The special report discusses the need to bridge the gap between strategic and operational planning.

The Board recommended government adopt tactical forest planning to ensure land managers have a better understanding of their landbase; streamline multiple values into a single process; allow for forward-thinking planning for the future; hold government accountable for creating feasible legal and policy directions for operational planning; ensure licensees achieve government’s objectives; and involve government, Indigenous Peoples, and stakeholders in the planning process.

This special report informed the new forest landscape planning process within the Forest and Range Practices Act. Landscape planning aims to significantly increase the role of First Nations and the recognition of Indigenous values in forest planning.

Cumulative Effects

Special Report (2011)

Cumulative Effects: From Assessment Towards Management

This special report examined cumulative effects of resource developments on water, soil and caribou habitat in the Kiskatinaw Watershed near Dawson Creek.

The report highlighted Government’s lack of a process for addressing the cumulative effects of resource development.

In 2021, the BC Supreme Court referred to and relied on parts of this report in the precedent-setting Yahey v. British Columbia decision in which the court concluded that the cumulative effects of government policies and projects were an infringement of the Blueberry River First Nations’ Indigenous treaty rights.

Heiltsuk Nation

Information Sharing Opportunity (2012)

Board staff were invited to give a presentation on Board audits to members of the Heiltsuk Nation during the development of their Coast Guardian Watchmen program.

Board staff gave an overview of our audit program and provided examples of non-compliance issues and unsound practices.

Board staff led a field review at several sites, looking at practice examples including riparian management, fish habitat, and visual quality.

This is a good example of how the Board can collaborate with First Nations to share information and experience to support Indigenous stewardship.

Haida Nation Workshop

Training Opportunity (2014)

The Haida Gwaii Management Council (the Council) asked the Board to put on a workshop on administrative law. The Council asked the Board because it is recognized as independent and because staff have the necessary expertise.

The Council, appointed by the Haida Nation and the BC Government under the Kunst'aa guu- unst'aayah Reconciliation Protocol, makes important, high-level decisions concerning resource management on Haida Gwaii.

The Council recognized that administrative law principles will help it to make good decisions that are legally defensible.

The Board was pleased to support this important initiative in relations between the BC Government and First Nations.

Looking Ahead

A culturally modified tree in BC's interior.

Engaging with Indigenous Peoples continues to be a priority for us. This story highlights just a few ways the Board has engaged with First Nations across the province through our work. We hope it inspires new opportunities to build relationships and work together.

The Board also intends to incorporate Indigenous knowledge into future project work.

The Board is committed to strengthening its relationships with Indigenous Peoples. We encourage anyone interested to contact us to learn more about our work and how we can assist Indigenous Peoples, and to explore opportunities to collaborate in the future.

Learn More

Thank you for taking the time to learn about the Board's work with Indigenous Peoples in communities across the province. Please see the links below for information on contacting us and filing a concern, or to read our reports.

A lithic site reserve near Fort St. James.

A Monumental Tree on Haida Gwaii.

Auditors inspect a decommissioned bridge during the 2001-2005 Nisga'a Audits.

Auditors observe reforestation of Interior Douglas fir during a 2018 Special Investigation.

A culturally sensitive site protected by a no machine zone buffer.

A culturally modified tree in BC's interior.