British Columbia Hansard — 31 July 2020, p.m., Issue 20 (41st Parliament, 5th Session)
20200731pm-CommitteeA-n20
British Columbia — Debates (Hansard)
Fifth Session, 41st Parliament
(2020) REPORT OF PROCEEDINGS
(HANSARD)
COMMITTEE OF SUPPLY,
SECTION A
Virtual Meeting
Friday, July 31, 2020
Afternoon Meeting
Issue No. 20
ISSN 2563-3511
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Committee of Supply
Proceedings in
Section A
Estimates: Ministry of Forests, Lands, Natural Resource
Operations and Rural Development (continued)
M. Stilwell
Hon. D. Donaldson
J. Rustad
D. Barnett
FRIDAY, JULY 31, 2020
The committee met at 1:31 p.m.
[S. Malcolmson in the chair.]
Committee of Supply
Proceedings in
Section A
ESTIMATES: MINISTRY OF FORESTS,
LANDS,
NATURAL RESOURCE OPERATIONS
AND RURAL DEVELOPMENT
(continued)
On Vote 29: ministry operations, $489,126,000
(continued) .
The Chair: Good afternoon, Members.
I want to recognize that I am on the traditional territory, the
existing territory, of the
Lək̓ʷəŋin̓əŋ-speaking people,
Esquimalt and Songhees. We extend our appreciation for being able to
work on their land. The other members here on the committee are on
traditional territory all over the province. Glad to see all these faces
and all these people representing British Columbians.
We are meeting today to continue the consideration of the budget
estimates for the Ministry of Forests, Lands, Natural Resource
Operations.
Did you want to make any opening comments, opposition
critic?
J. Rustad: Sure, I’ve just got a quick half-hour statement to make. Sorry, just
joking. It’s Friday afternoon. We’ve got a lot of material to cover,
obviously, and I don’t want to be too wordy.
My colleague from Parksville-Qualicum has a few issues that she’d like
to raise. I’ve notified the minister’s office in advance. So I’ll turn
the floor over to her. Then when she’s done, we’ll start off where we
left off, a little bit on stumpage and some other things.
With that, Madam Chair, over to my colleague from
Parksville-Qualicum.
The Chair: Thank you, Member.
I recognize my neighbour, the member for
Parksville-Qualicum.
M. Stilwell: Well, thank you, hon. Chair, and thank you, Minister, for the
opportunity to ask some questions of you today in regards to my
riding.
I’d like to start off today just by talking about the ministerial
mandate letter that was given to the minister. On page 3, the mandate letter
that was given to the minister by the Premier states that the Premier
expects the minister to “expand our innovative wood product sector by
addressing regulatory and capital barriers hampering the growth of
engineered wood production.”
I’d just like to know, to start, if the minister can tell me if that
mandate letter has been amended. If so, when was it amended and made
public?
The Chair: For the benefit of the public, what we are doing is reviewing the
budget estimates and the policy priorities of the various ministries as
they relate to spending.
This is the opposition’s opportunity to ask questions directly of
the minister, and these very long pauses in between are when the
minister is talking with his senior staff. So it makes for not the most
gripping viewing sometimes, because there are these long delays, but it
means that we’re getting the best information on the record that we
can.
[1:35 p.m.]
Hon. D. Donaldson: Thank you, Chair. Welcome to the chair. Good to see the member for
Parksville-Qualicum as well.
My mandate letter has not been amended. I still have the overall
responsibility for expanding the mass timber file. However, what the member
might be referring to is that, to give an indication of how important this
file is to us as a government, as we try to derive more value from less
volume out of our forests to support workers and communities, my
parliamentary secretary has had his mandate revised to include leading part
of this initiative, which is a cross-ministry initiative with the new office
of mass timber implementation that’s established in the Ministry of
Municipal Affairs and Housing.
As we covered in a previous answer, there has been a new assistant
deputy minister appointed in that ministry, and my parliamentary secretary
is working in a cross-ministry setting with him in support of my mandate
from the Premier.
M. Stilwell: Well, thank you for that clarification, Minister. I appreciate
it.
I think what I really want to say is just that we know the forestry
industry has experienced some unprecedented challenges over the last 18
months. The B.C. forest industry is facing declining markets, the
mill closures. There have been strikes. Though it would like to look at
a restructure, the current economy offers very little hope for the
industry.
It’s a crisis that really rivals what was experienced back in 2008,
where many families, as well as the communities where those families live,
are currently feeling extremely vulnerable. In fact, I think if we go back
to almost a year ago, when we were in Vancouver meeting with the
municipalities of British Columbia at the UBCM annual convention, it was at
that convention that any and all communities with any interest in the
forestry industry were asking government to do something.
In addition to the elected officials that were there from local
government from all around British Columbia, what we saw was 200 truck
loggers driving their empty trucks through the streets of Vancouver,
screaming for help from anyone who was willing to listen, hoping that this
government would listen.
At the time, the minister and the Premier and other proponents of this
government spoke of having to endure this transition period. They stated
that they would instead push plans to promote value-added forestry products
such as mass timber technology. I repeat value-added forestry. That’s what
the minister said. I just want the minister to remember what he said and
when he said it.
I’d just like to take a moment now to introduce you to the town of
Qualicum Beach, which is in my riding. It’s located at the crossroads of the
north-to-south Island Highway and the east-to-west Highway 4. It’s a
community of about 9,000 people, the majority of them being seniors and
retired folks.
The community is truly a community of team players. They are always
looking for ways to help out. I certainly would know, because not only are
they my constituents, but I’ve worked with them shoulder to shoulder as we
built green shores, as we built green infrastructure, as we tackled
single-use plastics and pioneered some social procurement programs to help
those people who were facing barriers to work.
As it happens, the town is also an active member of the Mount
Arrowsmith Biosphere, the biosphere region, and they have been for over six
years. They have been in active discussions with many, many great
stakeholders within groups of the biosphere region, including the forestry
industry.
[1:40 p.m.]
As it also happens, they saw that there was a way to help the industry
while also helping the region by bringing financial sustainability to their
little airport and its surrounding airport lands. They went ahead, and they
developed a business plan. They did the outreach that they needed to do,
including outreach with the last government, the previous B.C. Liberal
government. They amended their official community plan. After hearing from
over 2,300 people in the community, they amended that community
plan.
They didn’t stop there. Following that, they found an investor, and
they worked with that investor to bring them to Qualicum Beach. They did
so by involving our Island-based forestry companies, including Mosaic,
which actually wrote a letter in support to bring that investor to the
mid-Island. Mosaic endorsed the business wholeheartedly to be able to
see that value-add right here on central Vancouver Island.
After all, the forestry industry knew that they needed to look at more
value-add, so why wouldn’t they support a value-add lumber company that was
looking to start a brand-new glulam manufacturing and timber technology
company and technology company? Makes sense, I think, right?
Well, as you know, things change. We saw things change. We saw that as
all this was moving forward, there was an election. The new NDP government
got wind of this plan, and they sent a letter to the town of Qualicum Beach
stating that they should stop what they’re doing at once.
The officials of the town of Qualicum Beach were told there was a new
airport policy and that it had come into effect and that they must make an
application to ensure that the airport’s business plan is compliant. They
were also told that they must demonstrate that there’s financial need by the
town in order to satisfy that this business, as well as the two other
projects they were working on, could advance.
The town complied, and they made an application to the minister’s
ministry, FLNRO. They demonstrated the financial need. The small airport
loses roughly $300,000 per year, once all revenues and expenses are
accounted for. So opportunities to grow revenue are vitally important for
the town and for the taxpayers.
Further to that, they sent out a request to meet with the minister
because they knew that this was timely and it was vital to the economy, not
only for the town and the region but the Island and the province. But to
everyone’s surprise, the meeting was denied.
It didn’t stop there. It only got worse, because the government was
watching communities suffer. Forestry workers and their families were
crying out for help, and this government stood at UBCM to the sound of
those truck loggers rushing the streets of Vancouver in desperation.
This government stood and told the people of B.C. that they would need
to endure this transition period, and then they stated that they would
push plans to promote those value-added forest products and the mass
timber technology. But basically it appears it was lip service to those
families that depend on forestry.
The government denied the application made by Qualicum Beach.
They denied the value-add forestry company that was supported by the
forestry companies of Vancouver Island. The town was specifically
looking at opportunities at the airport. The three businesses were ready
and willing to invest millions and create jobs on the land operated by
the town, with the blessing of both the previous and the present
council. It’s under the management and the zoning and governance itself,
but to which the province holds title.
To date, the value-added forestry opportunity remains unapproved.
Discussions started back, like I said, with the previous government. Again,
we were supportive. But it was on September 25 that the FLNROD staff
indicated at the UBCM meeting to the town that all aspects of the
application were rejected — the search and rescue, the electric vehicle
courier service and the glulam factory. They were told it was a cabinet
decision. Can the minister tell me on what date did cabinet make this
decision?
[1:45 p.m. - 1:50 p.m.]
Hon. D. Donaldson: As the member has outlined, the proposals involve multiple ideas
around the use of this land. The land in question that was being
proposed for this commercial development is Crown land that’s allocated
for the purposes of airport use.
Our ministry is aware of the proposal and has provided a number of
options to the proponents, including the suggestion that they can
request that the land they need for the various commercial activities
that they’re proposing be split off and be considered for a commercial
property, removed from the Crown land base and provided at market price
to the proponents. That’s one option they can pursue.
This is, obviously…. We’ve got a number of moving parts to it. The
member said the glulam factory idea, search and rescue and…. I missed
the other one. It had to do with electric vehicles, I believe. Our staff
is willing to meet with her to discuss our processes about how we
considered the request.
As I said, this is land that is not designated for these kinds of
commercial purposes, and obviously, these kinds of land applications
have to fit within what the permitted activities are for that. Happy to
set up a meeting with staff to go through the process that we’ve
embarked on with the proponents and to outline the options that were in
laid in front of the proponents around how they could potentially
acquire the Crown land that they were looking for in that
area.
As far as forestry in general, the member had a number of comments
around that. I do recall very well the truck rally at the UBCM last
September. We met with the leaders of that rally. I met with people who
participated in the rally out on the street as well. The majority of
those people were providing concerns from the Interior. I’m happy to
report that many of the mill curtailments — almost all of them now that
were temporary — are now pulled off in the Interior. People are back
working in those mills, and contractors are harvesting the timber from
the forest.
[1:55 p.m.]
For these workers in the Interior who were impacted by mill
closures, well, we have the $69 million Interior forest worker support
program. That’s available, and it’s being used. Also, within that
program, the training and the offices to assist with job placement are
available to workers on the coast who are experiencing job loss from
mill closures.
I’m also happy to report that on the coast, because of our
efforts, the labour dispute between Western Forest Products and the
United Steelworkers is now resolved — the issue with Mosaic — and has
led them to return to activities, putting a lot of people back to work
in the forestry sector. There are great market prices right now. The
demand is high, and industry is happy to run as full out as they can to
support communities and people that depend on forestry jobs.
M. Stilwell: To the minister, just so I can clarify for him, it was, in fact,
an electric vehicle courier service. I’ll inform him that they’ve
already left and gone to another community because the minister didn’t
get his act together and approve the opportunity for Qualicum
Beach.
The town of Qualicum Beach made repeated requests about all the
businesses, but especially the glulam business opportunity, because it’s
in his mandate letter. The ministry is the only ministry that needs to
sign a variance under the airport policy. There’s no process for
applying other than that the ADM can simply sign off.
Section 7.1.3 states:
“Where an applicant proposes ancillary uses in addition to those
listed in appendix 2 — e.g., additional revenue-generating commercial
uses — land authorization staff, in consultation with the regional
executive director, will prepare and submit the proposal, together with
the recommendation and all relevant documentation, to the regional ADM
for review.
“Documentation is to include comments received from the proposed
ancillary uses from referral agencies. Ancillary land uses not included
in the appendix may require a tenure under a different operational land
use policy — commercial, general.”
You can see the Crown grant lease needs a variance. The policy
even says that if it has additional revenue generation, that’s great.
The ADM can simply sign off the variance saying that it’s good. But FOI
requests show that it never went that far. Basically, the town has been
given the runaround.
I sure would like to know what discussions were happening behind
the scenes. Even after being denied, the town asked what would be
accepted or approved under the variance
section 7.1.3, and they were
told: “Nothing. Nothing would be approved.” So why even have a variance
process with no formal application and no way of ever being
approved?
Given the fact that B.C. is experiencing these unprecedented
economic damages and deficits in 2020 and given…. The Premier has
specifically tasked the minister with doing everything your government
can to, again, “expand the innovative wood products sector by addressing
regulatory and capital barriers hampering the growth of engineered wood
production.”
Given that you are specifically responsible for economic
development on government lands, including those leased or otherwise
granted to other levels of government; including the regional districts,
the towns, the cities…. If the Premier has asked FLNRO to address
regulatory barriers, why has the minister created a regulatory barrier
that is blocking value-added forestry coming to Qualicum
Beach?
Tell the House. Tell the people of Qualicum Beach — the town
staff, the council of Qualicum Beach — why your department has
slow-walked or deliberately killed three potential economic projects at
the town of Qualicum Beach.
[2:00 p.m.]
The Chair: For the benefit of the public watching, this is the opportunity
for opposition members to ask the minister questions on the 2020 budget,
and the Minister of Forests, Lands and Natural Resource Operations is
now conferring with his staff team to develop an answer for the
member.
Hon. D. Donaldson: Well, just to be frank, Member, talking about getting acts
together….
The member seems to know the file well, and she could have done
her job and come to me with this issue. She knows that my door is always
open. It’s an absolute mischaracterization and an unfair assertion that
this proposal was slow-walked or deliberately killed.
My door is always open. This is the first time the member has ever
spoken to me about the issue. Now that she has taken this opportunity….
Even though she says she’s been aware of the issue for at least a year,
and before that when she was in government, it’s too bad she never made
that information available to me in a personal discussion.
She knows that my style is to always have time for opposition
members who have got concerns and development proposals in their
constituency. I’ve dealt with many of her colleagues on this same kind
of basis and tried to help their proposals get answers through the
system.
[2:05 p.m.]
Once again, this is a Crown land topic. There’s availability if
the proponents want to discuss their business plan around a potential
glulam facility. My deputy minister is always open to reviewing business
plans to help understand the viability. Of course, that viability would
be associated with acquiring land. The Crown land policy is to have
Crown land made available on a commercial basis.
As I said, there have been a few options put forward. If the
minister wants to ensure that the proponents can discuss their business
plan with the deputy minister, who has an economic background as well as
a forestry background, we’d be happy to arrange that. We’re always
looking for opportunities to advance these kinds of projects where we
can within government.
We’ve covered the engineered wood question earlier in estimates
debates. The emphasis that we’re doing as far as training, research,
ensuring that there is fibre availability for these private proposals
and ensuring that the market is there…. We’re not just showcasing the
market within public infrastructure but ensuring that we are at the lead
of advancing the private market capital projects, as well, by amending —
the first in Canada to amend — the tall building codes so that more
developers can take advantage of building with mass timber.
Again, the door is always open, offering up to the proponents to
bring their business plan to our deputy minister.
M. Stilwell: I’m going to wholeheartedly disagree with his comments about not
coming to him. Quite honestly, there were many letters, meetings,
requests for meetings to you, both by correspondence and in person, for
months. In fact, at the UBCM last year, the CEO from the town spoke to
you directly, shook your hand, talked to you, and you gave him the
brush-off.
To say that it hasn’t been brought to your attention or to your
staff’s attention is simply untrue. You need to correct that for the
record. In fact, for me to come to you and interfere with a process
would be inappropriate.
I will take the minister up on his offer to meet directly with
him, with the town. He can bring his staff if he would like. I
appreciate the time that he’s given today to bring attention to this
matter. I fully expect to have those contacts made within the next week
because it is a timely matter. It is of utmost importance for the town;
for jobs; for the families that rely on revenues; for the taxpayers of
Qualicum Beach, who would love to see industry brought to reduce their
taxes or at least not have the airport running at a deficit.
I look forward to confirming that time. If the minister would like
to email me with his cell phone number, next time I will make sure to go
directly to him.
The Chair: Minister, do you want to provide any response to that? I didn’t
really hear a question in it.
Minister, do you want the opportunity to reply, or shall I go to
the next questioner?
Hon. D. Donaldson: Thank you to the member. I look forward to getting together when we
can arrange our schedules.
I’m ready for the questions.
J. Rustad: Just a scheduling change that I wanted staff to be aware of. Due to
other circumstances, the Green Party members have informed me that they will
not be able to participate in estimates today, so that will be moved to
Monday. We will go through stuff here. We may add a few other little changes
as the day goes on, but I just wanted to make you and your staff aware of
that.
[2:10 p.m.]
I want to move on, if I can, to talk about coastal forest operations.
In particular, the minister and his government’s policy has been to try to
utilize every bit of timber they can, locally. I don’t see an issue with
that. We want to see that, obviously, as some companies log to help cover
their expenses. They look at log exports as a necessary part of the cost
structure. I think the minister recognizes that some log exports play a role
in our forest sector.
Recently Mosaic had a request in to the federal government and to the
provincial government with regards to its restart and its desire for the
ability to have some flexibility on exports. I’m happy that Mosaic is
now up and running. Obviously, there were some issues that they worked
through associated with that.
Perhaps the minister could detail what he’s currently doing and
what he’s planning to do, if anything, with regards to exports of logs,
both off of Crown land as well as the component that the province plays
a role in associated with exports off the privately managed forest
lands.
Hon. D. Donaldson: Thank you for the question.
Moving into the coast forest sector revitalization, yes, it was a
good day when Mosaic decided to return to harvesting because they felt
it was economically viable and feasible. Of course, the majority of that
is on private forest lands. We definitely kept close watch and
encouraged both Mosaic and other players Mosaic was dealing with to get
back to harvesting.
As far as the focus on the part of the question the member posed
on export of logs off private lands, of course that’s in the venue of
the federal government. I did have a call with the federal Minister of
Trade, Mary Ng, back, I believe, in February. She made it quite clear
through her interactions and advice from the federal Attorney General’s
office that they wouldn’t be amending their export
regulations.
[2:15 p.m.]
As I said, that’s the federal government purview over export of
private forest lands. As far as public lands are concerned, yes, we are
interested in driving more logs harvested off public lands to domestic
facilities, first and foremost to benefit the communities and workers
who depend on that wood supply for jobs.
One of the tools we were using to implement that policy was
adjusting the fee-in-lieu charge. In other words, the fee in lieu, the
charge that’s in place for recouping revenue from logs that are exported
back into B.C. directly…. We changed that to an economic-based fee in
lieu, depending on where the log is harvested and the economics of it.
That policy change was implemented for B.C. Timber Sales of July 1 last
year. We intended to collect data. It’s always important to know if the
intended consequences, or the outcomes, are what are intended from these
kinds of policy changes.
As that was implemented, then we ended up in a down market and
then a strike situation — actually, the strike situation first — so we
weren’t able to collect enough data to implement it by December of 2019
for the remainder of the licensees on Vancouver Island. Then when the
strike was resolved, we ended up in the COVID situation. Now that the
industry is back on its feet, we’re back on track to establish the
economic-based fee in lieu December 15 of this year for timber
harvesting on public lands and on the coast.
J. Rustad: I’m curious. The minister mentioned having a conversation with his
counterpart in Ottawa about the Mosaic situation. Has the minister had an
opportunity to talk to the federal government at that time or other times
associated with trade, the desire, of course, for expanding trade and
meeting trade commitments?
To be clear, I am talking about trade commitments associated with
forestry and the minister’s file. I wanted to be sure that he didn’t take
that off in another direction.
The Chair: That will make it a slightly shorter answer.
Hon. D. Donaldson: Well, I mentioned the discussion I had with the federal Minister
of Trade. That was just in February.
In the intervening months and before that, our senior staff was
consistently in touch with federal trade senior staff to advance our
interests and concerns and also to ensure that we’re consistent with all
our trade obligations and agreements, which we are. I also have had
regular calls with the federal Natural Resources Canada Minister, Seamus
O’Regan, who is my direct counterpart in the federal cabinet. We discuss
trade topics, especially the softwood lumber disagreement, regularly
during those discussions.
[2:20 p.m.]
J. Rustad: Japan is raising some significant concerns over Canada’s apparent miss
of the side letter agreement to the TPP, the Trans-Pacific Partnership
agreement. That’s threatening, obviously, lumber and plywood exports that
come from British Columbia to Japan as possible countervailing charges,
depending on how that plays out.
I’m curious as to the role the minister and the ministry’s office is
playing with Canada to meet those obligations for that side letter and
for the Trans-Pacific Partnership agreement. Or is he leaving it,
basically, to the federal government to try to resolve — which, of
course, puts at risk B.C. lumber and plywood exports to Japan, should
Japan decide to take trade actions against Canada?
Hon. D. Donaldson: Yes, we’re very attuned to this issue. As the member likely knows,
it was a feature of an
article in the Globe and Mail yesterday,
as promoted by Mosaic.
We are keeping a very close eye and not leaving it to Canada,
although Canada is our point of contact internationally, because Japan
is a valued customer for B.C. forest products. The member is correct in
that. They’re our third-largest market for forest products. So any kind
of hint of trade issues is something that we keep a close eye
on.
We’re confident that we’re compliant with the obligations under
the CPTPP. We’re in constant contact with Ottawa. We’re not leaving it
to them. As a matter of fact, as recently as yesterday, where federal
Trade Minister Ng had a telephone call with her counterpart in the
Japanese government, Japan did not raise this issue.
[2:25 p.m.]
As I said, we’re keeping close tabs on this. We’re ensuring that
Canada knows our position, that Canada understands and is promoting that
we are compliant with our obligations under the CPTPP.
J. Rustad: As you can imagine, with the unpredictability of China these days and
the situation we have there with the softwood lumber and the challenges
south of the border, with the potential risk in Japan, obviously that has
significant potential ramifications for British Columbia and for the
products we produce and sell.
I’m glad that the minister is aware of the situation. I’m still
somewhat concerned, though, with regards to Canada actually meeting those
obligations with regards to the exports to Japan. But I’ll have to take the
minister at his word in saying that he doesn’t seem to think there is an
issue there.
Last year during estimates, particularly when we talked about coastal
revitalization, I asked the minister specifically what performance measures
the minister would be looking at or had put in place with regards to the
implementation of the coastal revitalization strategy. Unfortunately, it
became pretty clear the minister didn’t really have performance measures but
said: “Well, I guess it would be jobs and utilization of logs, the reduction
of logs.”
Maybe I’ll give the minister another opportunity, now that we’re
another year in to the coastal revitalization, to provide some data with
regards to any statistical changes that have happened over the last three
years, and certainly over the period of time of coastal revitalization, in
terms of fibre-utilization jobs and those components that he mentioned or
any other performance measures that may have since been put in
place.
[2:30 p.m.]
Hon. D. Donaldson: It’s important, first of all, to have an accurate timeline here.
When we came into government in July of 2017, we realized there was a
lot of work and focus needed on the coast forest sector. That’s
when….
Shortly after that, we announced, in the fall, the coast forest
sector revitalization initiative. That was very extensive with industry,
with labour, with First Nations, with communities. We ended up
finalizing and announcing that revitalization plan publicly in January
of 2019. So it’s coming up to a two-year anniversary, but more like
about a year and a half.
What’s happened since January 2019 is we had a drastic downturn in
the market that resulted in curtailments and dire impacts on the coast.
Then, once that seemed to be running its course and there was a bit of a
turnaround on the horizon, it was followed by the strike on the coast in
July of 2019. That came to a conclusion, a stable conclusion, in
February of this year.
All that to say that the measures that were initially being ruled
out for coast forest sector revitalization were rolled out in stages,
and one of them was around our fibre recovery zones, which were
implemented on April 1, 2019. That was one of the first initiatives.
That was a zone where fibre that was economically viable to deliver to
mills if it was left behind in the forests — there was more of a cost
penalty to do that. And that was to try to encourage more fibre to come
out of the forests.
We worked with industry to try to refine the fibre recovery zones.
They were slow in providing us their economic data around areas to
refine the fibre recovery zones, but we worked with them on that, and as
a result, we streamlined the fibre recovery zones, moving the boundaries
and decreasing the areas by 21 percent once we got the data that we
needed — the economic data. We’re still awaiting more data to help
refine those zones, but that 21 percent decrease was put in place
December 23 of last year.
We’ve already covered a little bit, in the previous questions,
about the economic fee in lieu and how we implemented that with B.C.
Timber Sales July 1, 2019. Once again, that coincided with the labour
disputes and Mosaic deciding not to curtail all their activities until
the recent start-up. All that to say is that the data set to determine
if those measures are fulfilling the intended consequences is not robust
yet, and we’re still in the mode of collecting information off
that.
As I said, the fibre recovery zones have been refined, and we’re
able to collect data off that. Again, the fibre wasn’t moving a lot
because mills were closed and pulp mills were closed during the strike
and the economic downturn. We’re keeping a close eye. We will have some
benchmarks.
[2:35 p.m.]
The goals remain, the five main goals of the coast forest sector
revitalization being rebuilding solid wood in secondary industries to
ensure more of our logs are processed domestically; improving harvest
performance to make sure more fibre is available to mills, including the
pulp and paper sector; maintaining a credible auction system by taking
steps to ensure bids on timber sales are independently made; fostering
stronger business-to-business relationships between B.C. Timber Sales,
major licensees and First Nations — that work is well underway; and
restoring public confidence through amendments to the Forest and Range
Practices Act and auditing the private managed forest land
regime.
We’ve touched on the latter already in estimates
debate.
J. Rustad: What I’m hearing is policy around fee in lieu, which was
implemented and then pulled back and adjusted, and a policy around fibre
recovery zones, which was implemented and then pulled back and
adjusted.
Did the ministry do any economic analysis and have any of that
analysis available, potentially, publicly to be shared in advance of
these policies, or were these policies basically just “fly by the seat
of the pants and adjust as we go”?
Hon. D. Donaldson: I reject the narrative and the premise that this is a “fly
by the seat of the pants” style of management. It’s not. An economic
analysis was conducted. Of course, the member might not like it, but the
engagement was deep, thorough and long on the coast forest sector
revitalization process.
Sometimes the member and his colleagues ask for immediate action,
and then they turn around and say: “We need more engagement.” Well, in
this case, we engaged thoroughly, especially with industry, on our plans
and asked them and canvassed them for their ideas around how to
revitalize the coast sector from the point of view that we’re all in
this together.
We expected some of the responses from industry to be
self-serving. Obviously, each company has to look after their own bottom
line, but we were also encouraging them to make suggestions that would
benefit the whole of the sector, because this is the new world. We have
to understand that we’re all swimming in the same water.
We got those responses. We did economic analysis on our fee in
lieu, which is not pulled back. The economic-based fee in lieu is
implemented with B.C. Timber Sales. The deferral is to other licensees.
So our analysis of our fee-in-lieu policy was shared, the economics were
shared with industry. The member is right. We’ve refined the fibre
recovery zones based on data we’re getting. We requested, right away,
economic information from companies that would allow us to be precise in
our application of the fibre recovery zones. That was requested in April
2019 at the COFI convention.
As I already said, we had to wait a long time for industry to get
back to us. In fact, it was until November 2019 that the data was
forthcoming. We’re still waiting for further data, but we also engaged
additional resources outside the ministry to help us model the fibre
recovery zone.
[2:40 p.m.]
These aren’t indications of flying by the seat of our pants. These
are serious economic initiatives and serious analysis. We understand
that the implications need to be well thought out before we put these
policies in place, and that’s what we’ve done.
J. Rustad: The Premier said at the Truck Loggers Convention in 2019 that he
recognized there may be unintended consequences. Well, it’s pretty clear,
when the ministry went out and asked for input from industry…. That’s all
fine and dandy. But the ministry didn’t use much of that input, if any, from
industry.
The fibre recovery zones — there were plenty of years’ worth of data
that they could’ve used to have that refinement from the past. Instead, they
implemented it and then looked for the data to say how much damage was done
— oops. As the Premier said, unintended consequences to make the
adjustment.
I’ll ask the minister again. Was there any economic analysis done on
the coastal revitalization strategy to put in place to determine what the
additional costs would be to the primary forest sector?
Hon. D. Donaldson: I’d like to talk about this topic, because it is of great interest to
me.
[2:45 p.m.]
When we became government, we heard loud and clear from communities
all up and down the coast that they wanted the forests that surround their
communities to, first and foremost, benefit the workers in the communities
that they live in. What they had been witnessing is an increase in waste
left behind after timber-harvesting activities. What they had been
witnessing is an exponential increase in log exports under the previous
government while mills were suffering for fibre. And what they had witnessed
is a concentration in the industry under the previous government that led to
a lack of fibre for those wanting to diversify.
The communities made it loud and clear that they wanted the forest
resource to work for them. One of our primary focuses was on reducing the
amount of waste in the forest. There weren’t unintended consequences from
that. We monitored that, and we wanted more waste to be brought out and used
to support jobs for people and jobs in communities.
The coast forest sector revitalization process unfolded. We presented
it to industry, labour and First Nations in June of 2018. We wanted to
reduce waste. We had some plans on that, and we wanted a response. We
gave industry a chance to respond, and we met again with them in
September of 2018.
We had nothing meaningful or robust from them on suggestions about how
waste could be reduced. That really is something that irritates people in
forest-dependent communities, so we came up with a system to incent the
removal of waste through fibre recovery zones. As it came out, we also at
the same time worked with industry in response to their desire to have a
lumber-based stumpage model in the coastal system, which we talked about
earlier in questions this morning. We worked on that and were able to bring
that in for December of 2019.
The objective is to address those fundamentals in the coast forest
sector of ensuring that more fibre is available, less waste is left
behind. Much of that is because the model that industry has become used
to is overdependence on log export, and that skews the entire system and
results in more waste being left behind. We understand that a certain
amount of logs need to be exported to make the system economic, but what
we have seen evolve is an overreliance and overdependence on that model,
and that does not benefit communities. It does not benefit workers. And
we’re working with industry to change that model.
J. Rustad: Maybe the minister could just save time by saying no. I get all the
rhetoric and things he needs to add, but clearly, obviously, there was no
economic analysis done, no impact analysis in terms of the cost structure
with the coastal forest industry for the implementation of coastal
revitalization. That’s why we’ve seen the adjustments as it’s gone, because,
clearly, that analysis wasn’t done, and therefore it wasn’t a
well-thought-out plan.
I’m moving on as well now. I want to add in the Manufactured Forest
Products Regulation, which the ministry introduced by an OIC. Surprised
everybody, all the small producers that he was trying to support as well as
the large producers. Everybody seemed to be opposed to the plan, even the
one sector which provided him with some support quotes. His members
particularly had a revolt against him for doing that because of the damage
that was being done. And then what do we see? No analysis being done with
the policy, just a policy brought forward. And the policy had to be shelved
and kicked back for a period of time until this fall.
[2:50 p.m.]
It’s a pattern that we are seeing with the way that this ministry is
being run and one of the reasons why the forest sector in British Columbia
is facing so many challenges and uncertainty. So with regard to the
Manufactured Wood Products Regulation, I’ve got a few questions that I want
to just touch on.
In particular, when I look at what the intention is, is this just
targeted against the United States, export products to the United States? Or
are other countries also included — how this is being implemented? I guess
the question to the minister associated with that, as well, is: does the
minister think that’s fair?
Hon. D. Donaldson: I’ll try to be more direct in my answers if the member can cut
down on his
preamble to his questions. Obviously, if the
preamble
includes inaccuracies, I have to ensure the record is corrected on
that.
In that regard, we do modelling. We did modelling. When the member
says we did no economic analysis…. We do modelling. We did it for the
fee-in-lieu changes. We did it for the waste changes. We did it for the
fibre recovery zone changes. We did it for the lumber-based stumpage
changes. All in connection to the coast forest sector revitalization
initiative.
[2:55 p.m.]
Admittedly, the analysis, the modelling, is only as good as the
data that we have. In some cases, we have good data. In some cases, we
rely on industry to provide us with that data. As I outlined, when they
don’t do that, we implement with what we have and then refine as they
become more forthcoming with their data. Any kind of changes or delays
to our implementation
schedule or to refinement of these policies has
been in response to market conditions. Of course, we’re very attuned to
that and the market conditions that impact industry, so any of the
changes that have occurred have been in response to that.
As far as the manufactured forest products, act amendments, we’ve
been in discussion with the industry since 2017 on those, so no
surprises that we were contemplating the changes. The regulation
addresses specifically the level of manufacturing required in the
province, which is something we have control over. That regulation will
be in place September 30, but not where that product goes to. We have no
jurisdiction over where a forest manufacturer will send that product
to.
We control what we can control, which is the level of
manufacturing required in the province before that product is exported.
We have had consultation with many of the groups that the member
referenced and in connection with that. That’s why we delayed — because
of market conditions — the implementation until September 30. But the
requirement….
The question was: is this targeting, specifically, exports to
specific countries? No, the level of manufacturing required in the
province is something we can set. Where that product actually goes is up
to the marketing branches of the various companies.
J. Rustad: I’ll try to give some quick questions associated with this.
First part of the question. It was brought in, in January. The
implementation was delayed now. I just heard the minister say it’s going to
come in September. First part about that is: will there be changes to the
policy that was brought in between when it was introduced and what will be
implemented? That’s the first piece that I’m curious about.
The second is…. The ministry’s website talks about exemptions. Could
the minister explain exactly how that will be done — that component of
exemptions?
The Chair: Members, I’m going to take this opportunity for a brief recess.
We’ll come back to work in five minutes.
The committee recessed from 2:58 p.m. to 3:05 p.m.
[S. Malcolmson in the chair.]
Hon. D. Donaldson: To the questions that the member posed, I think he’ll be pleased
because the answer will be succinct. There are no further changes being
contemplated before the September 30 implementation date.
As far as exemptions go, forest product under the act that does not
meet the specifications, I will require an exemption to not require
additional fees applied for that export. We have a consultant who is working
with industry on the topic of exemptions and gathering their input. We’re
working on recommendations based on that feedback. We’re going back to
industry with those recommendations to discuss them in the near
future.
J. Rustad: Just to be clear, there were no changes to this policy from the
original OIC through to what will be implemented in September? I hopefully
have that correct in terms of what the minister just said. Although it does
raise an interesting question, in particular as part of the June update.
Interior cedar was removed from the tax, and that is now only applied to the
coast. This created, of course, the two systems in British
Columbia.
I’m just curious as to why they would give an unlevel playing field to
the two. I’m not saying, necessarily, that that shouldn’t have happened. I’m
just curious as to the logic that the minister may bring in. And also,
whether the minister wishes to clarify his statement about there being no
changes.
[3:10 p.m.]
Hon. D. Donaldson: Thank you to the member for the opportunity to clarify. I thought his
question was: are there any changes contemplated between now and when the
amendments will be put in place on September 30? The answer to that was no.
There were changes between when the OIC was introduced in January and when
amendments were made to that OIC this summer.
The changes were associated with the amendments to the Manufactured
Forest Products Regulation applying to the coast sector. The reason for that
was that through our analysis of the fibre availability and the secondary
manufacturers’ in the Interior, the supply and the demand for, primarily,
western red cedar was in balance,
whereas on the coast, the secondary
manufacturers’ demand and the supply to them was out of balance. In other
words, the secondary manufacturers were having a hard time finding red cedar
and cypress at the same time as these products were being shipped out in a
very raw state.
This is intended to address that imbalance on the coast, which will
result in support for companies and families investing in B.C. and for
workers, jobs and communities.
J. Rustad: Not going into too many of the details. Clearly, many of the small
manufacturers had expressed concern about this. The minister has a liaison
who’s working with them, particularly, if I heard that correctly, on the
exemption component. Are there any rules or discussion around what would be
considered an exemption and how that would be implemented?
I’m curious how the concerns of the small manufacturers were
addressed. Obviously, that brought forward…. Quite frankly, the larger
manufacturers as well. How will that component work? Then if the
minister could clarify the rationale for this manufacturing regulation
being for certain species and not for all species.
If I may, I might as well add one more question to it. Hopefully, it
gives the minister only one opportunity to do a
preamble when he gets to
answering the questions, as opposed to three. Has this gone through a
softwood lumber lens, in terms of any potential impact or concerns that the
Americans may have brought forward?
[3:15 p.m.]
Hon. D. Donaldson: I will deal with the three questions expeditiously and in reverse
order.
The topic around the changes to the Manufactured Forest Products
Regulation. We have done analysis, like we do with any policy change, using
an SLA lens, a softwood lumber agreement lens, on policy changes as one of
the numerous lenses we use. We’ve consulted with our legal representatives
in the U.S. on this, and we’ve come to the conclusion that there are no
significant concerns around risks to the softwood lumber
disagreement.
The second question was around the species that are captured. Yes.
There are two aspects of the amendments. One is the aspect around the
requirement and changing what is considered a fully manufactured
product. That one applies specifically to western red cedar and cypress.
It was a specific issue on the coast, which I already
addressed.
However, another aspect of the amendments is the maximum cross-section
area of timber to be considered manufactured and, therefore, qualified to be
exported without penalty. That has changed for all species, interior and
coast, and reduced from 0.2 square metres, which is roughly a 17-by-17-inch
diameter, to 0.1 square metres, which is roughly a 12-by-12-inch diameter.
That applies to all species, interior and coast, and a full manufacturing
aspect applies to western red cedar and cypress.
The first question around exemptions. Again, this is anything that
does not meet the specifications that I just outlined but a manufacturer
still wants to be exported without penalty. There is the ability to pursue
an exemption from those penalties.
[3:20 p.m.]
I already outlined the process. We have, as the member called it, a
liaison, but we were calling a consultant working with industry. We’re
working with recommendations that have come back with industry, and we’ll go
back to the industry in the near future. Those exemptions would be on a
case-by-case basis.
J. Rustad: That leads me to another question on the exemptions,
unfortunately. On a case-by-case basis….
Can anybody apply for an exemption? Are there some specific
requirements that would lead to the potential for an exemption? How will
that exemption be adjudicated? And one other question associated with
the consultant that’s connected. I’m just curious what the cost
structure or the pay structure is for the consultant, if it was a
one-off contract or hourly and what the rate was.
Hon. D. Donaldson: I’m happy to supply specific answers. The question was: can anyone
apply for exemptions? What are the criteria? How is it
adjudicated?
Examples of the criteria that would be applied…. Is the product
being consumed or used surplus to the needs of the domestic industry? In
other words, the raw material that’s being created into a product that
doesn’t qualify for an exemption being exported — is that raw material
surplus to the needs of the domestic industry? Is it uneconomic to
process the product domestically? Does the product increase utilization
and, therefore, decrease waste in the forest? Those are samples of the
criteria.
As far as who can apply, any manufacturer can make application for
the exemption. How is it adjudicated? Well, that’s a delegated statutory
decision-making authority under the regional executive director or the
director of trade and export policy.
[3:25 p.m.]
How they make the application is what’s being worked out right now
between industry and ourselves. The person we’ve engaged to conduct
those activities with industry is…. I guess you would typify it, in the
member’s words, as a one-off, as it’s an hourly rate. We can get you
that hourly rate. It’s just not at our fingertips right now, but I can
read it into the record when we get it.
J. Rustad: Yeah. If you could get me that for later today or for Monday the
tenth, that would be helpful to know.
I want to just touch on one other piece on this. That is: as this
will be a tax, a fee — whichever word the minister would like to use to
describe it — what is the estimated revenue that the ministry has for
the implementation of this tax for the remainder of this fiscal year and
projections going into next fiscal year?
Hon. D. Donaldson: To answer the member’s questions, this is a fee in lieu of
manufacturing. It’s to recognize that the publicly held asset, the forests
of B.C., if exported in a form that’s not fully manufactured, means that
workers in communities are not fully benefiting from that publicly held
resource. So it’s not a tax; it’s a fee in lieu of manufacture.
As far as what that fee in lieu will be, we are working with industry,
with groups like the Western Red Cedar Lumber Association, with major
licensees like Western Forest Products, Teal-Jones, as well as smaller
companies — the list is long — to establish that. It’s not yet established,
but staff will be bringing recommendations to me soon.
J. Rustad: Here we have another policy that was brought in, in January, that
had to see immediate changes pulled back and that hasn’t got the
analysis done in terms of the impact on industry — the cost structure
and what the revenue will be. C’est la vie.
[3:30 p.m.]
I will move on to talk about log exports in particular. We had the
fee in lieu of manufacturing that has been implemented. Originally, it
was going to be implemented for the entire sector. The rest of the
sectors pulled back. It was implemented for B.C. Timber Sales only —
with analysis being done, if I remember correctly from what the minister
has said, and that to be implemented at some point here later this
fiscal year.
I know the government’s goal has been to reduce or eliminate log
exports, but clearly there are, for B.C. Timber Sales, still exports
that need to go on for some of the sales. I’m curious as to whether the
minister had looked at the idea of no log exports being allowed for the
volume that is under control of the ministry through B.C. Timber
Sales.
Hon. D. Donaldson: Just to re-emphasize, any policy deferrals that we have made are
due to market conditions. If the member is advocating for immediate
implementation of policies regardless of sensitivity for market
conditions, then he should say so.
We are sensitive to the market conditions. When we introduce
policies, we’ve done the analysis, and we want to make sure that we’re
taking into consideration the economics for industry.
As far as the fee in lieu, the question around B.C. Timber Sales,
yes, it was the economic-based fee in lieu that was implemented July
2019. The question from the member was: did we consider that there
should be — I suppose it’s not his words, but he said — no log exports
under BCTS?
The member knows that the market price system that B.C. Timber
Sales was created to support requires 20 percent volume around the
entire province in order to be rigorous and valid. That’s been supported
in our legal wins under the softwood lumber agreements in the past, and
to not allow the log export portion under B.C. Timber Sales would
invalidate that system and undermine it — the market pricing system that
looks at the open market value for log prices — and would render it
relatively useless in terms of our legal applications under the softwood
lumber agreement.
What we want to do with the wood harvested under BCTS is to try to
align it — it’s called symmetry — with major licensees so that we have a
valid log price under our market system.
J. Rustad: That’s a curious way to look at the export issue. Once again,
policy comes in and then suddenly: “Oops. Conditions have changed. I
guess we didn’t think through a policy in terms of what it was. So we’re
pulling back and making adjustments.” I guess, once again, as the
Premier said, they’re recognizing that there are unintended consequences
of policy approaches.
[3:35 p.m.]
I also find it curious that the minister recognizes that there
need to be log exports through B.C. Timber Sales that match up with log
exports on the private side, or on the other tenure side, to be able to
validate the market pricing system. Yet all of the rhetoric by the
Premier and the party and the minister about wanting to eliminate log
exports would seem to fly in the face of the statement that the minister
had just said. But that being the case, politics is politics, I suppose,
as opposed to the reality of governing and making decisions.
I’m curious with regards to B.C. Timber Sales and the new fee in
lieu that came in place. What has the impact been so far on the bidding
that has gone forward on B.C. Timber Sales? I’ve heard reports, not so
much of late — obviously, there’s a lot of interest of late — over the
last year, year and a half, of many of B.C. Timber Sales blocks going no
bid before the implementation of the new fee in lieu as well as
afterwards.
I’m curious what the analysis is associated with the impacts of
the new fee in lieu on B.C. Timber Sales.
[3:40 p.m.]
Hon. D. Donaldson: Yes, we got some good information.
In response to the member’s questions, for sales since January of this
year on the coast, under BCTS, there have been only three no bids in the
sales.
The member was interested in the impact on…. When the fee in lieu was
implemented originally, which began in July of 2019, on BCTS sales on the
coast, that also coincided with not just the strike but then, also, the
collapse in the Chinese market. What we were able to surmise is that there
were no bids on sales that had the maximum fee in lieu. We had examples of
no bids on that. We also had examples of no bids on sales where there was
the minimum fee in lieu. So there wasn’t the direct correlation between no
bids and the variable fee in lieu. However, that was a pretty small sample
size, because not a lot was going on in the harvesting sector because of the
outside events I just described.
Importantly, since the market has recovered and since the coast sector
has recovered, with the fee in lieu in place, there have only been three no
bids this year.
J. Rustad: The no-bid issue, of course, has been a prominent issue for a
number of years now.
In terms of the fee-in-lieu structure, when it was first brought
in, first suggested and brought in, of course, the folks on the north
coast got pretty excited, both from a manufacturing side and, more
especially, from the folks that are logging for export up in the north
coast, given that there isn’t a lot of domestic market opportunity up in
the north coast. Many of those are connected with First Nations or are
First Nations that are concerned about that.
What has the impact of new fee in lieu been on the one component
of forestry that is still pretty vital up there, which is the logging
component? How has it changed exports from the north coast side of the
market? Has the minister seen a drop-off in the volume being harvested
in the northwest component of British Columbia?
Hon. D. Donaldson: Just a point of clarification. Is the member asking us to provide that
kind of information for the north coast? Or what is also captured in coastal
logging, the areas in the northwest coastal interior as well?
J. Rustad: Really, from the Hazelton area out through to the coast, so that
northwest interior component, as well, doesn’t feed into the domestic or
the interior market in Smithers east?
[3:45 p.m.]
Hon. D. Donaldson: Of course, the export market has declined because of the impacts of
COVID, especially in Asian markets. So I guess, generally overall, we could
say that the volume intended for export is down in the northwest interior,
as the member was asking about, regardless of the new variable fee in
lieu.
However, it’s important to note that the variable fee in lieu does not
apply to large volumes in the northwest that are under orders-in-council for
exemption from that variable fee in lieu. The fee-in-lieu charge for those
areas under the OICs after we looked at an economic analysis to determine
the percentage of harvest in each of those areas that is not economic to
process domestically, which I think was the point the member is getting at,
is $1 per cubic metre.
J. Rustad: That’s right. I was confusing the order-in-council changes that
had some requirements in terms of the amount of volume to be exported
through that. I’d love to go into that in some more detail, but I do
want to move on to other topics. I recognize we’re not going to get as
much time as I would like.
Just one last thing to touch on, though, on the north coast
harvesting. During 2019, companies were coming to me and saying it was
impossible to get a cutting permit on Haida Gwaii, to be able to move
forward with any kind of harvesting on Haida Gwaii through
that.
I’m curious as to whether or not the ministry has resolved that
problem, or whether there are still no permits or limited permits and
very limited forestry activity on Haida Gwaii.
[3:50 p.m.]
Hon. D. Donaldson: I visited Haida Gwaii in June of 2018 and became very aware of the
various concerns and issues around forestry and forestry management — and
cutting permits, specifically, as the member has raised.
We have engaged with the solutions table, which is a formal table on
Haida Gwaii, along with local industry and BCTS to address the cutting
permit issues. We engaged directly with the Council of the Haida Nation, and
the Ministry of Indigenous Relations and Reconciliation was also involved in
that.
I’m happy to report there have been some changes as a result of those
discussions with the Haida and some positive outcomes. There have been
cutting permits advanced in the last few months, and things have gotten much
better. Also, there’s been some very good relationship-building between the
Haida and B.C. Timber Sales, and a couple of specific cutting permits that
have been a source of contention are being resolved.
[3:55 p.m.]
I would say our focus to address the topics that the member said he
was made aware of in 2019 have been successful as far as seeing more cutting
permits being issued.
J. Rustad: Just curious. When you look at the various issues…. There have
been, around on the coast, the changes to the regs, the other components
that have been brought in place. What is the ministry anticipating for
the annual allowable cut on the coast for this year? And the levels
anticipated to be for next year?
Hon. D. Donaldson: The annual allowable cut for the coast this year is 15,513,411 cubic
metres. Then the member asked about next year. Of course that would be
dependent on, for instance, how many timber supply reviews are ongoing and
the multitude of TSAs and TFLs that comprise the coast. But that’s the
number for this year.
In general, it doesn’t vary a great degree year to year. But it’s
dependent on the chief forester’s analysis through timber supply revision.
Of course, in the Interior, that has created a fluctuation as those numbers
come in from the timber supply review to reflect a sustainable level of
cut.
J. Rustad: Moving into the Interior, I want to start off, actually…. The
Interior revitalization work that went on in the previous year, I think
that the minister had promised that there’d be a what-we-heard document
out by December. Then it was delayed further and said to come out in the
spring. And then it was, I believe, released on the ministry website in
early July of this year.
It contained some interesting information, particularly what some
of the top topics are. I found that interesting, those topics being
highlighted through the what-we-heard report.
[4:00 p.m.]
Can the minister just confirm the process now going forward from
What We Heard versus…? My understanding is you’re going
out, doing another round of consultation around What We Heard .
That will lead to some recommendations, which then will lead to
government actions. Is that how the government sees that unfolding and
over what time frame?
Hon. D. Donaldson: Yes, we’re pretty enthusiastic about the work that was done under
the Interior forest sector renewal process. We had 36 community
engagement sessions. Actually, I believe the member and I were at one,
coincidently, in Vanderhoof. I think he was there, anyway. I know I was
there just because I’d been up in Fort St. James, and it was a nearby
one to visit.
Over 500 online survey forms were completed, 92 written
submissions. It’s important to note that this public engagement process
was, part and parcel, just one aspect of the Interior renewal process.
There were also the TSA coalition processes that were encouraged by a
letter from the Premier to COFI in March of 2019, I believe it was, and
two of those are well underway.
[4:05 p.m.]
The what-we-heard document was put up. We had intended to release
it in the spring. In fact, we thought it made more sense to release it
at the same time as the COFI convention this year rather than releasing
it in December, when a lot of people wouldn’t necessarily be paying
attention, with the holidays and everything.
The COFI convention gave us a good launching platform for
releasing it in the spring. Then with the COVID sensitivities, it was
really not the most appropriate time to do that, because we wanted to
ensure that people were focused on their personal health and safety and
not on a what-we-heard document. So the member is right. It was released
in early July. I believe that’s correct.
Then the member asked about the process from here. We’ve been not
only putting together the what-we-heard document but analyzing the
responses that we got and putting it into the context of what we’ve
already done and are already embarked on in the Interior renewal
process.
You might recall that the response forms were organized under
certain themes. We definitely have been acting on some of the feedback
and what we heard around mass timber, around cost drivers. Those
processes are already underway.
Mid-term policies were part of the feedback that we got. Mid-term
timber supply policies are something that we’re looking forward to
hearing about from the TSA coalition processes that are ongoing right
now in the Kootenays as well as the one in the Mackenzie TSA.
We have reviewed the what-we-heard. We’re implementing some of the
recommendations already, and further actions will be informed by the TSA
process. Staff are working on further directions — they’ll be bringing
that to me shortly — that we can go back out and talk to industry and
other interested parties. However, it should be emphasized that we are
already actioning items that have arisen as concerns in the
what-we-heard document.
J. Rustad: I don’t know if I really heard the answer to the question I had. Let’s
see if I can clarify it a little bit for my own thinking, and the minister
can correct.
There isn’t a go out, a second round of consultation from the
what-we-heard. There is a variable process. There’ll be some things that
will go out for consultation. There’s some other input that’ll come in,
and there are some things that were actioned, are already happening or
will be happening.
It’s a little confusing to the people, I suppose, that are reading the
document and wondering about the time frame and what comes next, but I guess
that is the intent of the process at the moment.
I want to talk for a second. Associated with that, as we saw from the
coastal revitalization, there was a pretty heavy emphasis on the residual
material. I think the minister defined it as an incentive to move the fibre
off. Charging triple stumpage and then giving them relief if they bring it
in, I suppose, is the way the minister defines an incentive. Never mind.
That’s just the mixing of words.
In the Interior, of course, and actually even on the coast, the pulp
industry is in trouble. There are issues of access to fibre. There’s the low
cost right now in the world markets. There is a lot of concern, particularly
with the permanent curtailment in Mackenzie, and there’s concern in other
communities that there will be more of that type of activity or loss of pulp
mills.
To that extent, one of the key pieces that the minister talked about
on the coast and, I know, has talked about publicly numerous times is in
terms of waste fibre. Is the minister planning the same type of waste fibre
strategy of triple stumpage if it’s left behind and not being charged if
they bring it out?
[4:10 p.m.]
Is the minister planning the same type of strategy associated with
waste for the Interior? Will that be something that will go out and just be
implemented, or is that something that will go out for consultation and
analysis?
Hon. D. Donaldson: We were really pleased with the response to our request for
engagement on renewing the interior forest sector overall. We know, from
the what-we-heard document, that there’s very high interest to improve
utilization of the fibre that is harvested on the timber-harvesting land
base, and especially fibre that people see being left behind. I know the
member lives in a constituency where that’s of high concern.
Having said that, we’ve taken a number of measures to address
that. At this time, there are no parallel comparisons and no intentions
of instituting fibre recovery zones — the way that they’re being
implemented on the coast — in the Interior as part of this renewal
process.
We do know that the pulp and paper sector is facing challenges.
It’s true what the member says. The global market is low. It’s hard to
predict outlook-wise, but I talk to the CEOs of companies in B.C., as
well as the Pulp and Paper Coalition folks. That outlook is not as rosy
as what we see for the dimensional lumber prices.
[4:15 p.m.]
However, we are addressing fibre access through the Pulp and Paper
Coalition, through our pulp fibre task force. Examples of that, very
successful examples, are the work we’ve been doing under the community
resiliency initiative, the $60 million over this budget cycle that will
be in place for helping address communities that want to reduce their
fuel loads, which makes more fibre available for multiple purposes —
sawlogs as well as pulp.
The community wildfire protection program addresses fuel loads
outside of communities. I know there’s a very, very large one in the
member’s constituency, close to Houston. The Forest Enhancement Society
of B.C. work that has been underway is very successful in not only
addressing forest health and improving forest recovery but in providing
fibre, alternative sources to sawlogs, such as pellet plants.
Finally, the demand is there in the Interior for fibre that is
suited for pulp purposes. The demand is coming from places outside of
the Interior. The example I give is Harmac. Harmac in Nanaimo is
accessing a large percentage of their fibre requirements through
agreements with Skeena Sawmills and pulp-quality logs in the northwest
Interior.
All that is good news, but specifically, in answer to the question
that the member posed, there are no plans for fibre recovery zones in
the Interior that are like the ones on the coast.
J. Rustad: The minister has brought up the Forest Enhancement Society as an
example of the work that’s being done there to help bring some fibre in and
do some great work, in terms of clean up, reducing risks and dealing with
fallout from wildfires.
My understanding from our estimates last year, on the Forest
Enhancement Society, is that they’re out of money. I think they might have
about $1 million left. Obviously, the money that has been spent is still
over a three-year period. There are a number of projects that are ongoing.
Last year the minister talked about doing an assessment of whether or not
Forest Enhancement Society was the vehicle they wanted to go forward with or
to do something different. Clearly, without any additional funding coming
from the ministry to the Forest Enhancement Society, it will be wound
down.
It does play a vital role. There is a tremendous amount of area that
has been impacted by fires that is not replanted, that need the work, that
need the site work being done. Does the minister have any plans to allocate
funding for the Forest Enhancement Society for the great work that they’re
doing? Or is the minister planning to replace that model with something
different?
[4:20 p.m.]
Hon. D. Donaldson: I was going to suggest a short recess after this answer. Are you
changing the Chair roles any time soon, where there’ll be a natural
break?
The Chair: Yes, as reported, before 4:30 is still our scheduled time for
a switch. It’ll take us about five minutes to do the sanitization
protocols here. Wo we’ll have a little bit of a….
Hon. D. Donaldson: Okay, sure. Let’s wait till then. Thanks. That’ll give us a good last
two hours today, on a Friday afternoon.
I agree with the member that the activities of the Forest Enhancement
Society of B.C. have been very worthwhile in rural areas of the Interior.
Just to make sure that it’s on the record about what expenditures are still
in place…. I know that the member recognized that there was funding this
year and next year and the year after. I want to make sure that it’s
recorded that it’s significant funding.
In this fiscal year, 2020-2021, $79 million is allocated for projects
throughout the province. They’re mostly in the Interior, obviously. In
’21-22, next fiscal year, $60 million. Then, the member is correct, there’s
a decline in the final year because the funding allocation is starting to
run out.
Further consideration of funding after 2022-23 is part of the budget
process that we’ll be undertaking. I really want to acknowledge that FESBC
has been very instrumental in catching up on the backlog of areas that
hadn’t been replanted sufficiently in the province and that also needed
replanting due to forest health reasons. Some of this funding that has
helped us do projects under FESBC has been in connection with the federal
government as well.
I have been in discussion with my federal counterpart, the Natural
Resources Canada Minister, Seamus O’Regan, about the federal government
Liberal Party’s commitment in their platform last year, in November, of
planting one billion trees in Canada and making him aware that we have
ramped up our abilities to plant trees. We planted a record number this
year: over 300 million.
This is an important part of FESBC work, as well as the other parts of
their work in forest health, but we want to make sure that the federal
government is aware that we have a natural vehicle for this as well. As I
said, we’ll be giving further consideration to funding FESBC as part of
future budget processes.
J. Rustad: Back to the what-we-heard report. There was one topic at the
beginning of that report that is, obviously, a very significant topic,
which is around tenure.
Can the minister provide a list of the actions that were already
taken that appear in the what-we-heard report from the Interior, the
actions that are going to be going out for engagement and the actions
that may be looking for additional input or consultation or policy
development?
I get that there’s an awful lot in that report — hundreds, if not
thousands, of bits of input that were grouped into various categories
through there. I’m not looking for a detailed list but obviously some
major themes. The minister talked about some actions that have already
been taken.
[4:25 p.m.]
It would be good to get that on the record in terms of what those
actions are, the things that the minister is looking at and, of course,
very specifically, that topic that is the number one issue, which is the
issue around tenure. If the minister could provide some details around
that, it would be helpful.
Hon. D. Donaldson: I’ll try to get my answer in here before we take our recess. In
response to previous questions around the Interior forest renewal process
and the what-we-heard document, I wanted to make sure that the member is
looking at more clarity around the future process.
We will be putting in a public document the actions that were already
underway while we engaged with the Interior renewal process, so people will
know and take comfort in the fact that we have taken seriously the drop in
the annual allowable cut and the various impacts that that’s having, and how
we’re addressing forest health and other major issues in the
Interior.
There is a whole variety, as the member said. I won’t get into them,
because I agree with him, and I don’t want to get into the endless list of
good ideas that people provided around tenure. But he asked for an example
of actions already taken, so I wanted to provide him with an
example.
What we have heard, through the what-we-heard document and even prior
to that, is that communities were especially feeling that the interests of
major tenure holders were being put ahead, by those tenure holders, of the
interests of communities. So we wanted to make sure that tenure is
reflective of the diversity of people who want to hold tenure in the
province.
[4:30 p.m.]
An example of that is during…. Once the timber supply review has been
conducted by the chief forester and a new annual allowable cut is set. Then,
during the apportionment process, for example, if there is volume that can
be made available, then it’s made available to the kinds of tenures that
people in rural communities find support their communities and support
diversity. That’s community forests or with First Nations.
An example of that is in the Quesnel apportionment, where we were able
to significantly increase the amount of volume that was available during the
apportionment process to a community forest there, as well as to local First
Nations. The member asked for an example of actions already taken on tenure,
and that’s one example.
The Chair: Thank you, Minister.
Members, with a thanks for your work — and it’s been lovely
spending the afternoon with you — I’m going to switch Chairs now. I
wish you all a happy B.C. Day. A particular thanks to the minister,
to the minister’s staff and to the opposition critic for their
respectful dialogue and the really constructive conversation of
forest policy.
We will now take a five-minute recess while we will carry out our
cleaning protocols here. We’ll see you in ten days or so.
The committee recessed from 4:31 p.m. to 4:40 p.m.
[R. Leonard in the chair.]
Hon. D. Donaldson: I just wanted to read into the record some numbers and clarifications
for the benefit of the member and also the record. The previous annual
allowable cut number figure that I gave for the coast was approximately 15.5
million cubic metres. That didn’t include private land. The number with
private land is 15.84 million cubic metres.
The member asked what the hourly rate was for what he said was the
liaison between ourselves and industry on the manufactured forest products
act amendments and that process, and that’s $135 an hour. I misspoke about
the federal Liberal platform, about the commitment for the number of trees
to be planted. It’s not $1 billion; it’s $2 billion.
The member made reference earlier to what I think he typified as our
platform promise to eliminate log exports. We never made that commitment.
Our commitment was to reduce the log exports in B.C.
The Chair: Member for Nechako Lakes.
J. Rustad: Thank you, Madam Chair, and welcome to the ongoing debate — or, I
guess, estimates is a better way to put it.
The minister, before the break, was talking about tenure as associated
with the what-we-heard for the Interior revitalization
efforts.
I’m curious. There was an allocation. I think that was the word he
used in Quesnel. What I’m curious about is: in the Prince George supply
area, there has been a timber supply review that was done with
determination of the AAC about five years ago now. The area has still
been awaiting an apportionment decision by the minister. As a matter of
fact, I think that the office of the chief forester is likely in the
process of starting, if it hasn’t already started, a new determination
for the Prince George supply area.
I’m just curious. Given what the minister said is an example in
Quesnel, where he had a determination going forward, when can the Prince
George timber supply area expect a determination from this minister?
Sorry, the allocation — using the wrong terminology. It’s getting late
in the day on Friday.
[4:45 p.m.]
The Chair: Minister.
Hon. D. Donaldson: Thank you, Chair. I echo the official opposition critic in
welcoming you back to the chair. I know you had insight into our
dialogue yesterday, and it’s been equally interesting today — I think,
anyway. I don’t know if my critic thinks so. This is a great time to be
able to discuss forestry issues, and we’ve [audio interrupted] aspects
of it.
Yeah, it is late on a Friday afternoon. The term that the member
is looking for is apportionment. So once the TSR is set, the timber
supply review sets the annual allowable cut, and it’s up to my office to
allocate that.
Just as a bit of background, the AAC determination for the Prince
George TSA was in October 2017. The annual allowable cut was set at 8.35
million cubic metres a year. Just to put that in context, that was
obviously a decrease from the increases that were implemented in 2002,
2004 and 2011 to address the mountain pine beetle infestation. But the
best context is what the pre-mountain-pine-beetle uplift was. That last
determination was in 1996, and that was 9.364 million cubic metres here.
So it’s a decline, but put in that context, not as significant a decline
as the drop from the last mountain pine beetle uplift.
Nonetheless, that allocation has still to be set in place. The
member’s question was when. It’ll be in place before the end of this
year. And the member had questions about whether another timber supply
review process has begun in this TSA. It hasn’t. You might be thinking
of the Mackenzie TSA, where a timber supply review is underway. But as
part of that 2017 determination, the chief forester also put in place a
step-down in 2022, from the 2017 determination, and a step-down having a
drop down to 7.35 million cubic metres a year as an annual allowable
cut.
J. Rustad: I will try to be as short with my questions as I can, knowing the
amount of time we have left. We still have a bunch of topics that we need to
touch on. I would appreciate if the minister could also be tight on the
answers.
[4:50 p.m.]
Back to the revitalization, or the what-we-heard document. One of the
other components that was in there that I found interesting was the one that
the southern Interior forest industry has been pushing for some time, which
is the “right log to the right mill” approach. I’d like to speculate a
little bit…. If the minister could perhaps provide a little bit of insight
as to how policy along those lines could be implemented for the southern
Interior.
[4:55 p.m.]
Hon. D. Donaldson: It’s a very interesting discussion we’re having.
Essentially, the most important way to ensure that the right log to
the right mill takes place, which is definitely a catchphrase that the
Interior Lumber Manufacturers Association has been advocating for, is in
business-to-business relationships and partnerships. So we have supported
that and recognized that and the Premier recognized that by challenging
industry to embark on a TSA coalition process that we would provide support
to. He did that at the COFI Convention in 2019.
I’m happy to report that the Kootenay coalition has been working well.
It’s a very diverse group of business interests that are represented in that
coalition. They’ve been able to provide us with a suite of recommendations
around BCTS, around log exports and around increased utilization, for
instance. That’s not only recommendations that they’ve been providing to us
that we’re analyzing now, but they’ve also taken direct action together in
their business relationships that’s been accelerated by the TSA coalition
process. So they’re probably working through and have created 90 percent of
what is needed amongst themselves to get the right log to the right
mill.
We’re in the process of considering their internal recommendations to
address any other policy changes that might be required. Essentially, it’s a
business-to-business relationship that we support.
J. Rustad: The Interior Lumber Manufacturing Association certainly…. A lot of
folks there are doing some very interesting things. They’ve got an
interesting mix of wood. They’ve got interesting terrain. They’ve got lots
of concerns, of course, over the working forest and the potential erosion of
the working forest. I do know those business relationships have been
improving, which is good. That is an interesting approach. I was curious as
to whether or not the minister was looking at anything more direct as
opposed to the support side.
I want to talk a little bit about Mackenzie and the situation in
Mackenzie. I know that the member for Prince George–Mackenzie is going
to have an opportunity to ask you a few questions about it on Monday, so
I won’t go into too many details on it, as I want to allow him to, of
course, be able to advocate for his community and his riding, as he does
so well. But given the situation in Mackenzie, I felt I needed to ask
the minister a few questions directly.
I know that with Conifex up and running, that portion is helpful, but
there’s obviously a significant spruce beetle problem that we talked about
earlier associated with the caribou issue. It’s up and through fairly
extensively in the area of Mackenzie. There’s a lot of fibre in that area
that goes out to other communities and other mills and
facilities.
As the community is looking at the facilities in its own community,
what steps is the minister considering, or is the minister considering any
steps, to find a way to reduce the cost structure for that supply area so
that the economics are favourable for the potential reopening of sawmills
and, hopefully at some point, the pulp mill in that community?
[5:00 p.m.]
Hon. D. Donaldson: I’m happy to discuss the situation in Mackenzie. The member and I were
both there during the Mackenzie Matters rally last year and very pleased, as
the member highlighted, that we were able to work with Conifex.
They are now reopened — 160 direct jobs, a big boost in the arm for
that community. However, they have…. I recognize the impacts on families and
workers from the closure of the Canfor sawmill and the Paper Excellence pulp
mill in that community.
We do have the Mackenzie TSA coalition process underway. They were
about to present us with recommendations. I believe it was scheduled for the
beginning of July. That was right in the midst of when Paper Excellence had
decided to indefinitely curtail their activities. They went back to the
drawing board, and we should be in receipt of their revamped recommendations
shortly. I’ve been in touch with Ken Shields. He is leading — or, at least,
co-chairing, I believe — that TSA coalition process.
On the cost structure question that the member wanted to canvass,
around creating that potential for reopening the sawmill and the pulp mill,
and the in-depth discussion around the TSA coalition’s suggestions for that
that we’ve been party to, I would offer a briefing with the member offline.
That discussion would likely be better done there for the same reasons that
he alluded to earlier about not wanting to canvass too deeply into the
softwood lumber dispute.
[5:05 p.m.]
What I can say is that we have been working with the licensees around
their chart operating areas to make it more economically viable to deliver
fibre to Mackenzie. We have also been working with the BCTS on their plans,
for their coming chart areas, for supplying fibre to local primary
producers. Those are some of the things we’ve been doing in recent
discussions that have, actually, assisted, for instance, Conifex to
reopen.
We are aware of the situation about fibre leaving the community as a
result of fibre no longer being tied to local milling facilities. The member
is well aware of the reason for that. However, as I say, I’ll provide the
opportunity if the member wants to take the discussion around cost-structure
initiatives offline.
J. Rustad: Yeah. I think we should try to have that call. Certainly, I would
appreciate it. We’ll arrange a time to do that, whether that’s before the
tenth, during the break week or shortly thereafter, whichever we can manage
to arrange. I thank the minister for that.
One other issue, though, which I touched on, in the Mackenzie area….
It’s really all the way from Quesnel to north of Mackenzie, all through the
spruce that’s in there. That’s, obviously, a significant component of our
mid-term timber supply for the Interior. Many of those areas in there, which
contain that mid-term timber supply, don’t have roads developed yet. There
are bridges and other things that need to go in. There is, obviously, a
significant forest health issue with the spruce beetle.
When I spoke with the minister and canvassed this…. I think it was two
years ago in estimates. I don’t think we talked a lot about it last year in
estimates. The minister and the ministry staff explained…. They felt the
infestation was slowing, and it wouldn’t have as significant an impact on
timber supply.
Well, in the time that I’ve gone flying over the area as well as
driving through the areas that are accessible by road, the infestation is
still carrying on. You can see it, certainly, in the red and dead attack but
also in the evidence of the green attack.
Perhaps the minister could provide some information with regards to
the strategy that the ministry is implementing to help protect that mid-term
timber supply from this infestation. Perhaps he could provide a little bit
of an explanation as to the plans from the ministry and how the ministry
plans to try to stop this infestation from doing any more damage than it has
already done.
[5:10 p.m.]
Hon. D. Donaldson: I apologize around the length of time. It’s just that there’s so much
going on around our spruce beetle response that I don’t want to actually
read a laundry list into the record. I don’t think that’s the most
productive. I’ll try to focus primarily on the member’s question about what
we’re doing to protect mid-term timber supply and some of the plans for the
future.
I think it’s important to note that there’s an ongoing series of plans
and management practices that have been jointly developed. One of them is a
specific chief forester guidance around the spruce beetle outbreak. That
guidance talks about what areas and the kinds of areas that need to be
contained and how it should be hauled. All that is around how infected
beetle wood should be hauled. That was an issue at one point, about concerns
that that was spreading the beetle to new areas, and that’s all around
mid-term protection.
[5:15 p.m.]
That goes hand in hand with an annual joint licensee action plan that
ensures a coordinated response from licensees in the harvesting that
helps not only recoup value before value is lost but also helps stop the
spread of the beetle.
That is part and parcel of a partition that’s been implemented around
green spruce that’s still alive, obviously. That partition helps drive the
harvesting activities towards getting on with harvesting dead spruce from
the spruce beetle. We know that that’s important because it has to happen
quickly.
Something that helps in that regard and that we’ve implemented, on
July 1, 2020, is the changes to the Interior appraisal manual will reflect
significant downgraded spruce beetle–killed timber that will encourage
salvage.
We did a study. We were part of a study through FPInnovations and our
ministry to determine the decrease in product value from processing spruce
beetle–killed wood that was, on average, five years since death. The studies
showed a reduction on lumber and product value of $55 per cubic
metre.
Obviously, as we’re getting five years and out, that does not result
in a very valuable log out in the forest. So what we’re instituting is, for
the salvage portion, a 25-cent stumpage rate in order to encourage the
licensees to go after that beetle-killed wood.
Those are some of the actions that we’re taking. We have a budget this
year for surveys and actual mitigation measures on the ground. In the
overall context, I want to make sure the member understands, and I think we
highlighted last year that last year we appointed a director for a
provincial ark beetle response to coordinate response efforts across the
province.
J. Rustad: The minister mentioned a budget for the spruce component. I’m
sorry if I missed it. I ask if the minister could, perhaps, just restate
that budget and how that compared to previous years, the budget for the
expenditure on the spruce beetle.
While we’re at it, since we’re into a budget questions directly….
I know I did that intentionally to try to get the minister to have a bit
of a chuckle late on a Friday afternoon. I’m curious about the budget
for the chief forester’s office. Many years ago, I remember
conversations about the desire for increasing that budget and doing much
more inventory work. I’m just curious as to what that level of budget is
compared to previous years.
[5:20 p.m.]
Hon. D. Donaldson: A couple of answers there. As far as the funding under the land-based
investment strategy for the Omineca region, which includes the areas that
the member highlighted, it has been approximately $6 million over the last
five years. Last year the spend was $1.4 million, and this year the budget
allocated is $918,000.
The member might be interested in why the drop. Well, there have been
a number of activities completed in the first four years where more than $5
million was spent — for instance, air survey research on decay, which led to
the $55-a-cubic-metre number that I already highlighted, and a sawmill pilot
study, for instance, to assess the recovery of spruce beetle–damaged
timbers. So there have been a number of initiatives over the last six years.
A lot of them have been completed, and the budget is what I
stated.
The second question the member had was the budget for the chief
forester’s office. This year the budget that’s been allocated is $28.616
million. That is an increase of $829,000 from the 2019-2020 restated budget,
which was $27.787 million. So an increase in the budget for the chief
forester’s office.
J. Rustad: I think one last question here, and then I’d like to turn it over
to my colleague from Cariboo-Chilcotin, who has some questions around a
range of topics. Unfortunately, with the move of the Green Party’s
questions into Monday, it creates a bit of a time crunch. So we’ve got
to move some of those questions forward to today.
Apologies to the minister for not having a heads-up in advance of
some of these questions. Hopefully, the technology will allow him to be
able to have access to the staff that he needs to get help with
answering these questions.
[5:25 p.m.]
The question that I have…. I may pursue this further, or my
colleague from Cariboo-Chilcotin may pursue this.
There have been numerous cases, particularly on the Island but in
other areas of the province, I believe, where people have been trying to
access land and have blockades or checkpoints from First Nations who are
concerned about COVID-19, but they’re also exerting their authority over
traditional territory, the authority that they believe they have over
traditional territory. This has included preventing individuals, without
having approval from the First Nations for accessing their woodlot
licence, to be able to do work on the woodlot licence and other
activities in the outdoors, on water or otherwise, which had no direct
engagement with the Indigenous communities but did go through
traditional territory.
On the land side of the minister’s portfolio, I’m curious as to
the authority that is being executed by the Indigenous bands, by the
First Nations, on those checkpoints and whether or not that authority
has been authorized by this minister, particularly for the
forest-related activities — but on his land side, whether or not that’s
been authorized by the ministry more broadly.
Hon. D. Donaldson: If the member’s question was, “Did our ministry provide
authorization for activities by First Nations to exclude people through
checkpoints on their territories?” — under our land side, using the
words of the member — no, we did not.
I would say that if there are reports where people are turned
away, those should be made known to the Minister of Public Safety. If
there are any, obviously, confrontations, that should also be reported
to the RCMP.
J. Rustad: There have been cases of both of those. I believe they have been
reported, but I will do a follow-up on that.
At this time, like I said, I’d like to turn it over to my
colleague from Cariboo-Chilcotin.
The Chair: Recognizing the member for Cariboo-Chilcotin.
D. Barnett: Thank you, Madam Chair, and good afternoon. I’m sure the minister is
exhausted right about now, so I’ll try and be kind. First of all, Minister,
I’d like to talk a little bit about the guide-outfitters in British
Columbia.
Now, the question that my colleague just asked you has to do with
guide-outfitting, but it also has to do with hunting throughout the
province. There are rumours out there — and it would be nice to verify
if they’re true or not — that anybody that does obtain a hunting
licence, whether they’re a guide-outfitter or just a hunter, who has got
a licence in an area of a traditional First Nation, now has to go and
ask the band for permission to hunt. It has been said that this is going
to be in the hunting regulations.
Could the minister please verify that or say it’s just a
rumour?
[5:30 p.m.]
Hon. D. Donaldson: Welcome to the member for Cariboo-Chilcotin. Nice to see her in
attendance. I’m happy to answer questions, and thank you for her
acknowledgment that it’s a long day. I still feel fresh because it’s such an
interesting ministry and so many different topics.
I want to clear up…. We’re aware of some misconceptions that have
arisen, mainly through a recent public CORE process where people were in
attendance to get training under the CORE program, the conservation and
outdoor recreation education program.
Just to emphasize…. In the CORE
chapter that has caused some
misunderstanding, a couple of things I want to read into the record. This is
the CORE
chapter 2, which is the ethics chapter, I believe. It says: “With
few exceptions, wherever you hunt in B.C., you’ll be hunting on the
traditional territory or treaty lands of one of the several Indigenous
nations who exercise their Aboriginal rights, including the right to hunt.
Hunters should be mindful and respectful of this at all times.” And I know
hunters are.
Secondly, in that chapter, it states: “There are many terms related to
Aboriginal rights and various ways they may exist on the land base. These
can be very complex. A hunter should always check the provincial hunting and
trapping synopsis and follow all provincial hunting regulations.”
I’m going to be very explicit in the answer, and I know that the
member would appreciate that. It’s the responsibility — and this is
under the hunting and trapping regulations synopsis — of the hunter or
trapper to be aware of the status of the land they hunt and to get
permission from the landowner before accessing private land. So that’s
clear. That’s private land. Indian reserves are private land. That’s
unchanged.
Permission must be obtained from the local Indian business office
in order to hunt on or across these lands. That’s unchanged. Declared
title lands are not publicly available for hunting at this time. Hunters
are advised not to enter the Tsilhqot’in title area for the purpose of
hunting. Again, that’s unchanged.
[5:35 p.m.]
This is where, perhaps, there has been some confusion. That is
specifically in reference to permission to hunt on treaty lands.
Permission to hunt on treaty lands is varied by treaty and limited to
modern treaty lands. So once again, it’s up to the hunter to inquire
about the specific restrictions on treaty lands, because they’re
varied.
I think the inconsistency that caused some consternation was in the
question written exam that related to the ethics chapter, which stated that
hunting on private property, including First Nations reserves or treaty
lands, is a privilege and not a right. Well, we have already outlined, and
I’ve already made it clear, that hunting on First Nations reservations is
akin to hunting on private land, and permission must be sought from the
private landholder. But for treaty lands, it varies, and it’s not universal
that restrictions apply. It’s treaty-specific.
D. Barnett: Thank you to the minister.
Minister, will the identification of these treaty lands be made
available in the hunting regulations, or is it going to be clear and
defined — these rules and regulations? People know about private land.
They know about reserve land. They know about title lands, and they
respect it. But it is very unclear about treaty lands, because nobody
really knows how many treaties are being negotiated.
Will there be some way that this information will be made public
to the hunting community?
Hon. D. Donaldson: Excellent point raised by the member for
Cariboo-Chilcotin.
We are working with the B.C. Wildlife Federation to identify a
number of frequently asked questions. The one that was posed is
obviously one that comes up a lot. We’re going to publish, in connection
with the B.C. Wildlife Federation, answers to that question to go out to
instructors for the CORE program as well as in the general public of
where to find that info about treaty lands and particular rules that
apply to treaty lands.
As the member is likely aware, this is limited to modern treaty
lands. Since the treaty with the Nisga’a was the first in modern treaty
land settlements, there’s been a handful in the province. So short
answer. We’re working with the B.C. Wildlife Federation so that hunters
know exactly where to get that information.
D. Barnett: Thank you, Minister, for that. On the same topic, you said that
you were working with the B.C. Wildlife Federation, and you were going
to put that information out there jointly. Where will the information be
available? Many, many people that hunt do not belong to the B.C.
Wildlife Federation. Where will the government make this information
public?
[5:40 p.m.]
Hon. D. Donaldson: Regarding where this information will be made available, as it stands
right now, hunters can use, free, the B.C. government software called iMap
to explore various land boundaries including Indian reserves, First Nations
treaty lands, which we’re talking about, Crown lands, private lands,
management units and LEH boundaries. That’s where, already, the First
Nations treaty lands are listed. FrontCounter B.C. can assist with
iMap.
There are some people, I recognize, in rural areas who don’t have
access. Although, if you’re applying for your hunting licence online, you
obviously are able to access this website. If you can’t access online
services, then you can go to FrontCounter B.C., which you need to do to
acquire your hard-copy hunting licence, and we will make printed copies of
the information available at FrontCounter B.C. We will also put up the
information on our government website, as well, to make it even more
accessible in another format. Those are some of the ways where people can
find where this information is available.
D. Barnett: Thank you, Minister. I appreciate that. Hopefully, we can get this
information that is incorrect rectified very quickly.
My next question is…. I thank you very much for your quick
response to the letter that I sent you on July 16 regarding a map that
one of my ranchers has. It’s showing that there is a First Nations
notice of claim over his property. The response that I got from your
ministry was saying that the label was used…. I’ll use his name, because
I have permission.
On Mr. Nottingham’s map, there’s a remnant of a mapping layer
entitled “notice of claim” in the provincial database. Mr. Nottingham is
still upset. He purchased his property in 2016, received all the maps
with all the tenures, range permits, and there was absolutely nothing on
the map in 2016. But he received this map from Forests, Lands and
Natural Resources. It’s why he came to my office. The date on the map is
His question is — and he really needs a comfort level: why the
change in the map between 2016 and 2020? We can understand it if it was
before 2014, before the title case, but this is long after the title
case. Could the minister please explain and give some more comfort to my
constituent that this is an error in mapping?
[5:45 p.m.]
Hon. D. Donaldson: Thank you for your letter. I’m glad we were able to provide a
timely response. I want to thank staff for being on top of that. I know
it became…. Those kinds of issues become quite a high priority because
they cause angst to the constituent that the member has.
Yes. It was a remnant mapping layer that was incorrectly applied
to 2020. It shouldn’t have been applied. It wasn’t applied to the
mapping layer in 2016, as the member points out. So the change to 2020
is because it was a leftover mapping layer that was applied in error. We
corrected that, and it’s right to take it off. So that has been
done.
As to more background history around mapping layers and what they
actually signify…. In this case, as I said, it was an error to apply it,
and it’s been rectified. If the member would like to let her constituent
know that if they would like further discussions around mapping layers
and this particular one, then we can arrange for a meeting with local
staff to fully answer any other the questions the constituent might
have.
D. Barnett: I think, Minister, what would rest my constituent’s fears at ease
would be if he could be sent a new map with the grazing leases and range
tenures and what he purchased in 2016, as the map was in 2016. If he could
be sent a map with a new stamp on it saying 2020. I think, Minister, that
would satisfy my constituent. Could we have a new map sent to my
constituent?
[5:50 p.m.]
Hon. D. Donaldson: The answer to the member’s question is yes. Staff has assured me that
we can provide a new map to the constituent in question with a new date
stamp reflecting the current date. Again, the offer is still there as well.
If the constituent wants to meet with local staff to pose any further
questions, that offer is out there.
D. Barnett: Thank you, Minister. I’m sure the map will do the job just absolutely
wonderfully.
Back to the guide-outfitters, while we’re talking about the land base
and things like that. As you are aware, the guide-outfitters of British
Columbia, some of them — particularly some of those in the fire zones, the
flood zones and this zone — have had a very difficult time over the past few
years.
We’ve had this discussion before, about compensation. I have discussed
this with other ministries, and I’ve been told that Forests, Lands and
Natural Resources is the ministry that I need to go back to. How many
guide-outfitters have been compensated for 2018-2019, and how many are still
waiting?
Hon. D. Donaldson: We, through a ministerial order, enacted additional restrictions on
hunting in the Chilcotin part of the Cariboo region on moose on August 24,
2018. This was after many of the guide-outfitters had booked hunts,
obviously. Part of this order closed moose-hunting during the first two
weeks of October in 2018 across significant portions of the Chilcotin and
impacted 17 guides through lost hunt opportunities.
The member has outlined that in her question. Her question was:
because the hunt restrictions were imposed after the hunting allocations had
been dispensed and because it was already into the season, what kind of
compensation has been distributed? As of March 31, 2020 — just a few months
ago, at the end of the fiscal year — of the 18 impacted guides, three were
approved for compensation, four are working through a legal representative
and are in the process, and 11 guides did not apply.
[5:55 p.m.]
To date, documentation to substantiate the unapproved claims has not
been received. Four of the original claims made remain outstanding. Those
are the ones I already highlighted. These individuals have not yet provided
the required supporting information to substantiate the request. So we’re
working through the process. Three were approved, four are working through
the process, and 11 did not apply.
D. Barnett: Thank you for that. To the minister: you said some were going through
a legal avenue. Does that include the four that you’re looking for more
information from? Or is that outside the legal department?
Hon. D. Donaldson: In responding to the member, we can’t provide an answer about why
the four have decided to work through a legal representative, but they
are in the process. Their claims are outstanding because we are awaiting
required supporting information to substantiate their requests. I can’t
speak to why they’re working through a legal representative in the
process, but that’s what they’re doing.
We’re happy to consider the application further once we get the
information that we’ve requested. Hopefully, we’ll get that soon from
them.
D. Barnett: Thank you, Minister, for that.
Staying with the guide-outfitters, many of them have not been able
to utilize the parks. They’ve paid their permit fees, licences. They’ve
paid for them. They have requested, and I have written letters
requesting, that they get a rebate for the years that they have not been
able to utilize them. I get [audio interrupted] from one ministry to the
other, and I got sent back to your ministry.
To the minister, will these people receive a rebate for the fees
that they have paid for the last couple of years for parks and for
licences and permits that they have not been able to utilize due to
fire, flood, COVID, one thing and another? With the dire straits these
people are in, they could sure use it. Could these people get
compensation or get their fees back for what they have paid for, what
they’ve bought but could not utilize?
[6:00 p.m.]
Hon. D. Donaldson: I feel like I’m pledging every time, Chair, but I do pledge to try to
provide the best answer possible to the member for
Cariboo-Chilcotin.
We’ve had quite a discussion around this topic. I understand and
sympathize with the guide outfitters in respect of when they pay permit
fees and then aren’t able to utilize the area that they paid the permit
fee for, due to things like fires and floods. I want to ensure that the
member knows — and that it’ll be on the record for guide-outfitters —
that if these fees that they have paid, with respect to their operations
on Crown land, aren’t able to be…. If they aren’t able to access that
Crown land due to some of the issues that we talked about, then they can
apply through our ministry to be reimbursed.
Usually, the fees are charged the following year. So they reflect the
number of client days of activity on Crown land, and the fees are
adjusted accordingly. But if there are cases, due to the fires and
floods, that haven’t been picked up, then we encourage the guide
outfitters in question to get in touch with our ministry, specifically
through our Crown lands branch. That’s one aspect of the answer, and I
think it’ll assist the member in her question.
[6:05 p.m.]
You know, utilization days…. If you have no clients due to a fire or
flood, then we’re not in the business of charging, because the days weren’t
utilized, even though we usually assess that based on information provided
by the guide outfitters in the following year.
Now, as far as permit fees paid for using parks for guide-outfitter
activities, I hope that that was canvassed by the member under the Ministry
of the Environment. If it was, and she was directed to us, then I will
commit to following up with parks, because that is a different example than
the one I gave around Crown land fees. Obviously, our ministry is in charge
of Crown lands.
If the member wants to clarify that she raised it during budget
estimates with the Minister of Environment and was redirected towards
me, then I will commit to taking this up directly with the Minister of
Environment.
D. Barnett: Yes, Minister. I was directed to you. So that is why I’m bringing
it up here. Of course, we’ve had correspondence, and you told me to go
there. I went there, and I’m back here. So thank you for
that.
Back to the title lands in the Chilcotin, which have been creating
a few issues over the past few years. The government of British Columbia
and the federal government have a tri-party agreement with the Xeni
Gwet’in and the Tŝilhqot’in to try and resolve issues and help with
governance and those types of things. We had an agreement
before.
My question is to the minister. Is your ministry involved in the
negotiations with the federal government and the provincial government
that are going on now in the Xeni Gwet’in on agreements over parks and
use of Crown land within the title area where people used to be able to
go and go to work? Tenures are now gone.
I understand that there have been negotiations going on. They have
not been made public. The tenure holders have not been engaged. I had
another email today, and I learned that there has been an agreement put
together with the federal government and the provincial government and
the Xeni Gwet’in without any consultation of tenure holders.
To the minister: what part does your ministry play in these
negotiations?
[6:10 p.m.]
Hon. D. Donaldson: I’m sorry for the delay it took to respond. It’s obviously a complex
topic.
We want, first and foremost, to have a smooth transition, an orderly
transition, when it comes to tenure holders on declared title lands. That’s
something that was addressed in what were supposed to be a temporary
bridging agreements since 2014, when the decision came down in the courts
and we knew that there had to be some kind of agreements between the Xeni
Gwet’in, Gwet’in and ourselves. Most of those bridging agreements were
intended to be temporary until we could arrive at, through negotiation, a
more certain and a more permanent solution.
[6:15 p.m.]
It has been six years. I can understand and sympathize with the
anxiety that that causes in tenure holders when there have been bridging
agreements in place, but we haven’t arrived yet at a final
understanding.
The discussions that have been underway have been attempting to
address extending or replacing some of the bridging agreements — for
instance, around B.C. parks, around rec sites and trails and
angling.
In some other instances, we have been trying to address the fact of an
orderly transition because the court, in Tsilhqot’in , did not make
any declaration or order with respect to tenures that were validly issued
prior to Aboriginal title being confirmed by the court order.
We have these validly issued tenures. The courts didn’t lay out a way
to deal with them, even though they laid out that there is such a thing,
and specifically, on the land base, declared Aboriginal title lands. In
effect, that was property ownership.
Now we are working with title land transition workshops with the
Tsilhqot’in. We’ve had very positive and progressive developments with the
Xeni Gwet’in Chief Councillor Jimmy Lulua. We’re working through a smooth
transition with the Tsilhqot’in on the title land.
I want to finish off by saying to the member that these are
negotiations. Obviously, there is a time and place to reveal how the
negotiations are going. But I want to assure her that as the provincial
representatives, we’re there at the table to represent the tenure holders,
as the courts talked about, the validly issued tenures before title was
declared.
We’re trying to wrap that process up and do it in an expeditious
manner, because the tenure holders have been waiting for six years. We know
their views. We’ve had numerous discussions, our staff, with the tenure
holders over the last six years. We’re bringing that perspective to the
table as we negotiate more permanent agreements.
The Chair: Okay. Members, given the hour and the circumstances, perhaps we
should consider adjourning for the day?
Actually, let’s see what the will of the committee is. Would you
like to continue on? Those in favour of continuing on, show me your
white cards.
Okay. I think we’ll continue on, then.
D. Barnett: Thank you to the minister for that.
Minister, I’m not going to argue with you, but I know there has been
no consultation with the tenure holders, and we all know what the tenure
holders need. They’re all going broke. They’re losing their resorts, their
homes, everything else.
I would like to really talk the ministers one-on-one. I have been
totally left out of the whole thing, even though this is my riding and I
represent the people. This issue has to be settled. We all want it settled.
It’s not going away with the type of negotiations that have been going
on.
I will leave it at that and put in a request to personally sit down
with the minister and the Minister of Indigenous Relations and whoever
else is engaged in this, because I want nothing more than to see this
particular issue settled because it is not going to go away by
itself.
With that, I will leave the question there on this issue. I have more
questions and different topics.
Are we going to carry on, Madam Chair, for a while?
[6:20 p.m.]
The Chair: Yes. It’s another ten minutes before 6:30.
D. Barnett: Okay. Thank you.
Before I leave the topic of the title lands, I am going to ask a
request of the minister to set up a meeting for myself — it can be virtual —
and the other ministers so that I can express the views of my constituents.
I’m requesting that of the minister.
The Chair: Minister.
Hon. D. Donaldson: Thank you, Chair. Thank you for the last ten minutes as
well.
Certainly, and definitely, I would be pleased to set up a meeting
any time that we can both arrange it in our schedules. It likely might
have to be virtual, but if we do happen to be in the same place and can
be physically distanced, then obviously it can be in person. I’m pleased
to accommodate that, and I would be happy to hear the perspective of the
member for Cariboo-Chilcotin, especially since she’s had her ear to the
ground for so long on this topic.
D. Barnett: Thank you, Minister. I will take you up on that. My CA is away. When
she gets back, I will have her get hold of your office.
On to a different topic now. We all know there is a fibre basket out
here left from pine beetle. There’s about a ten-year fibre basket that could
accommodate Norbord or could accommodate a pellet plant or something. It is
usable, and I know there’s a big basket out here. I know the staff have been
working for a long time putting together a package that is supposed to go
out to tenure here, hopefully in the not too distant future. There are three
or four prospective investors.
To the minister, when does he think that this tenure for this fibre
basket will go out and be made available to the public?
[6:25 p.m.]
Hon. D. Donaldson: Thank you to the member for the question.
We are aware that there is wood that could be used for economic
purp