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The following information is provided
by the Partnership for Public Lands (Federation of Ontario Naturalists,
World Wildlife Fund, and Wildlands League) to elaborate and clarify
the information contained in the 1999 Ontario Forest Accord.
It presents details concerning how each of the Accord's numbered
points are understood and interpreted by the Partnership. The
text in italics reflects the exact wording of the accord and
the roman text in purple is our comments.
"1999 ONTARIO FOREST ACCORD - A FOUNDATION
FOR PROGRESS"
Commitments by members of the Forest Industry, the Partnership
for Public Lands (as represented by the World Wildlife Fund,
the Federation of Ontario Naturalists and the Wildlands League)
and the Ministry of Natural Resources
The following commitments have been identified as elements
of a mutually acceptable approach to the establishment of parks
and protected areas in the Lands for Life planning area, while
also considering the needs of the forest industry. The commitments
reflect a consensus among the parties. There are a few commitments
that only apply to one or two parties and these are clearly identified.
The commitments related to forestry are based on two fundamental
premises:
- Unless otherwise agreed to the satisfaction of the parties,
there would be no net increase in the cost of wood delivered
to the mill and there would be no long term reduction in the
supply of fibre necessary for processing on both a planning area
and region basis, as a result of the establishment of new parksand
protected areas; and
- the measures that are outlined, if fully implemented, will
contribute to addressing the requirements of the first premise.
This commits the Partnership to the
principle that the establishment of new protected areas through
this accord will not directly cause reductions in fibre supply.
This does not guarantee, however, that there will be no reduction
in fibre supply due to other factors related to forest management.
The provisions of this Accord support the completion of
a representative system of parks and protected areas encompassing
12% of the Lands for Life planning area complemented by a mechanism
for limited expansion to address significant gaps in representation
on a mutually agreed upon basis.
All parties acknowledge that the accord is written with
the understanding that treaty and aboriginal rights must be respected
and honoured. The parties also acknowledge that the land use
decisions are without prejudice to land claims recognized by
Ontario and Canada.
All parties agree to the following commitments:
1. Parks and protected areas resulting from
the Lands for Life process will exclude logging, mining and hydro-electric
development, with a regulatory context that provides permanence.
This statement confirms that all parks
and protected areas must exclude commercial industrial activity
as mandated by the World Conservation Union (IUCN) and domestically
by the WWF Endangered Spaces Campaign. This also means that they
must be regulated under the Parks Act or Public Lands Act rather
than receive less permanent protection such as Enhanced Management
Areas or Areas of Concern.
2. Endorse general mapping of 12% of the
whole planning areas (excluding the Great Lakes) as parks or
regulated protected areas where there is no logging, mining or
hydroelectric development and to provide interim land-use protection
of those sites from commercial logging, mining and hydro-electric
development until they are regulated.
This statement makes reference to the
map that accompanied the Accord. The map shows the location of
the new protected areas. Interim protection is to be to the same
standard as regulated parks and conservation reserves. Note that
the 12% figure excludes the logged and quarried portions of Algonquin
Park. This 12% refers to 12% of all land in the Lands for Life
area, not only Crown lands.
3. Support an increase to the existing representative
parks and protected area system beyond the current 12%, within
the approved framework of policies and standards and through
jointly acceptable processes as outlined in other commitments
stated in this document.
This statement makes a commitment to
increase the amount of protected area beyond the 12% announced
with the Accord (and shown on the map) using the procedures described
in the rest of the Accord. This statement was very important
to PPL as it recognizes that the system will need to become larger
to be completed. The approved policies and standards refer to
Provincial Park Policy, Nature's Best and other previous government
policy commitments.
4. Significant changes in parks and protected
area policies, legislation and permitted uses would occur only
after prior public consultation and review.
This is a very important statement for
PPL. It commits the signatories to the existing Provincial Parks
policy until such time as it is reviewed and changed through
a public process. The existing Provincial Parks Policy does not
support several of the hunting and mining proposals being made
on the Environmental Bill of Rights registry. The public comment
for these proposals does not meet the requirements of the public
consultation process as envisioned during the development of
the Forest Accord.
5. Develop an Ontario forest science partnership
in order to; develop and test a range of intensive forest management
practices assess the impacts of intensive forest management on
increased forest growth and yield assess the environmental impacts
of intensive forest management direct science activities in support
of Ontario's forest management planning requirements under the
Timber Class Environmental Assessment and Crown Forest Sustainability
Act.
This section describes an identified
need to further investigate a range of forest issues including
intensive forestry and ongoing research and monitoring as required
by the Class Environmental Assessment on Timber Management. It
is expected that this Science Partnership will include academics,
ENGOS, government and industry and will expand the discussion
of these issues beyond the small MNR/industry group where they
have been taking place to date.
6. Establish an Ontario Forest Accord Advisory
Board (OFAAB) within the context of the Ministry's Advisory Committee
structure to support the collaborative implementation of the
1999 Ontario Forest Accord. The Board would report to the Minister
of Natural Resources and consist of appointed representatives
of the forest industry, the environmental community and the MNR.
The board would have the following mandate:
a) Help implement the recommendations and joint commitments
made in the Accord, and develop and recommend further mitigation
and transition strategies if required.
b) Monitor the achievement of ecological representation and parks
targets. and develop procedures for achieving industry/environmental
group/government resolution of shortfalls.
c) Help resolve disputes that arise related to the matters listed
above, and other related matters referred to the Board by the
Minister.
d) Develop methods to update and amend this accord to ensure
that it remains current and can be responsive to future needs
and emerging issues.
The OFAAB will also develop a strategy for additions to
the parks and protected areas system through a jointly acceptable
process that shares the benefits of increased productivity and
contains some or all of the following elements:
a) Representation achievements and candidate site identification.
Within one year of signing the Ontario Forest Accord, OFAAB will
develop a map of candidate sites to meet the earth and life science
representation requirements, as well as transitional management
measures for these sites. OFAAB's recommendations will be recognized
by the affected companies in the context of their forest management
plans.
b) Site Discussions
OFAAB will initiate discussions of specific sites on a mutually
agreed upon basis between the affected company(s) and relevant
conservation interests.
c) Develop Proposals
Proposals for new protected areas would be developed, including:
- candidate site identification
- candidate list of intensive forest management areas or other
offsets
- scientific validation
- socio-economlc and environmental impact analysis
d) Review and acceptance by MNR
e) Public consultation including EBR posting.
f) Approval and implementation (within all applicable legislative
requirements)
The Ontario Forest Accord Advisory Board
(OFAAB) will oversee implementation of the Accord as described.
Point 6a refers to the Accord contents and provides a mechanism
to develop further wood supply mitigation and transition strategies
to aid the implementation of the Accord. Such strategies may
be necessary as boundaries are finalized (e.g. Algoma Highlands
and Lower Spanish boundaries). 6b provides a role for OFAAB to
monitor progress in completing the protected areas system and
to determine the best way to find wood supply to make this happen.
6c and 6d are self-explanatory. The second part of this item
explicitly ties future increases in wood harvest/availability
to the establishment of protected areas. This is a significant
positive change in how this issue is addressed. Several times
in the past twenty years the MNR has conducted reviews of its
Crown land wood supply,. Each time it has determined that more
wood is available than the last time the inventory was done.
Each time this has happened the newly discovered surplus has
been assigned to new industrial capacity (eg. recent oriented
strandboard mill developments). In future any new estimates of
wood supply that determine that a surplus is available will require
that a portion of this supply be used to help create new protected
areas. Play bike games, bikes games online.
a) Representation achievements. This
statement requires that mapping of potential new protected areas
be completed by March 2000. These sites will be selected in manner
that, once formally protected, will complete the representative
protected areas system in the Area of the Undertaking. These
sites will be mapped and the forest industry will include them
in FMPs. The management of these sites will also be addressed
by the OFAAB Board. Determintation of the completeness of the
system will be judged by us using the World Wildlife Fund's ecological
respresentation assessment framework.
b) Site Discussions. This statement
requires that moving a site past the candidate stage requires
the concurrence of the forest company and ENGOS.
c) Develop Proposals. Once a site discussion
has begun it would follow this course of development.
7. Develop a process for sharing permanent
increases in wood supply between additional protected areas and
increased forest supply.
This statement makes more explicit the
statement made in item 6 about sharing productivity gains between
protected areas and industry. Such sharing has never before occurred
but rather been used to provide the rationale for expanded industrial
capacity.
8. Support the package of mitigation measures
required to offset the impacts of the proposed parks and protected
areas resulting from the Accord.
9. Support the concept of long term continuity
and security of wood fibre supply as well as the need of the
forest industry to have certainty for the investments that it
makes.
10. Agreement that the long term delivered
wood costs and volumes available for industrial use will not
be negatively affected by the Accord.
8-10. These statements reflect the Partnership
for Public Lands support of the mitigation and community support
measures that we used to achieve the 12% protection level as
illustrated on the map that accompanied the Accord. The provincial
government has committed $30 million to this effort and will
establish a Living Legacy Trust to supervise disbursement. WWF
and FON will have the authority to nominate members to one of
its seven positions. The Terms of Reference of the Trust indicate
that the following projects will be funded. I) compensation for
forest industry capital losses (roads, bridges etc.) That result
from new protected areas, ii) funds to move roads to avoid newly
protected areas, iii) data collection and E.A. planning for new
protected areas and resource planning for the area north of the
Area of the Undertaking. These funds ($ million) will involve
and benefit First Nation communities, iv) data collection and
research to promote increased utilization of wood, produce more
accurate growth and yield information and investigate intensive
silvicultural practices v) hiring of new silvicultural workers
vi) increase strategic information on the potential for value-added
manufacturing of wood products, vii) conduct ecological research
on fish and wildlife habitat and population linkages, viii) develop
a framework for an ecological approach to fish and wildlife management
planning, and ix) provide habitat improvements which will benefit
small rural communities. Design your invention. Outsourcing CAD design service. 3D model design service.
These statements commit the Partnership
to the principle that the establishment of new protected areas
through this accord will not directly cause reductions in fibre
supply. This does not guarantee, however, that there will be
no reduction in fibre supply due to other factors related to
forest management.
11. Implement measures directed at improving
the utilization of Crown timber and increasing the volume/or
quality of Crown timber over the long term. The measures will
include:
- semi-commercial thinnings
- improvement cuts in degraded hardwood forests
- salvage cuts in low volume or quality stands that are not currently
harvested
Cutting sites will be identified and approved in the Annual Work
Schedule.
This section describes the areas where
it was determined that the greatest gains in wood supply could
be obtained without increases in the total amount of forest harvested
or in the level of ecological impact. The Annual Work Schedule
is the one-year operating plan within a five year Forest Management
Plan.
12. MNR's wood measurement system will not
apply to volumes less than the minimum top diameter as prescribed
in the regulated Scaling Manual of Ontario.
This statement recognizes that the forest
companies will not have to pay the same rate of stumpage for
small tops of trees as they do for the lower, more marketable
sections of the tree.
13. Establish incentives in relation to extraordinary
expenditures on intensive forest management to grow Crown timber.
This statement recognizes that there
may be a need to establish financial or non-monetary incentives
to encourage investment in silvicultural expenditures beyond
those required by existing silvicultural rules.
14. Participate in the designation of intensive
forest management areas (special supply areas) in forest management
plans. In the initial phase of intensive forest management areas
designation and implementation, these areas will be limited to
a mutually acceptable portion of the landscape.
This statement recognizes that there
will be areas designated that will have priority given to forest
production. Such areas exist currently but are not recognized
on maps or in forest management plans (e.g. Sultan area in Spanish
Forest). The area in which this will be permitted to occur will
be determined through a public forum and will consider ecological
and landscape issues such as the nature of the forestry to be
practised and its proximity to other landscape values. The agreement
required on the portion of the landscape to be designated for
intensive forest management is intended to apply to all stages
of implementation - the current wording of the Accord does not
fully reflect the agreement of the parties.
15. MNR will make best efforts, together
with the forest industry and the environmental groups to obtain
appropriate modifications to the Timber Class E.A. and the Crown
Forest Sustainability Act and its regulations, in order to permit
intensive forest management practices (pending more precise definition
of specific requirements) and the lengthening of the term of
forest management plans.
16. The requirements of the Crown Forest
Sustainability Act such as diversity will continue to be applied
to the extensively managed portions of the SFL's but recognize
that special provisions may be required for the intensive forest
management areas.
15-16. This section states that the
Timber Management Class E.A. and the Crown Forest Sustainability
Act (CFSA) may need to be revised to permit intensive forest
management. The Timber E.A. is a legally binding decision of
the Environmental Assessment Board and is in effect until 2003.
The CFSA replaces the Crown Timber Act and describes how forest
planning and harvest must occur on public lands. The CFSA rules
incorporate the requirements of the E.A. PPL believes that altering
these documents is not likely to be necessary to accommodate
the type of forestry that we contemplate occurring within intensive
forestry areas. However, we agreed that there may be sections
of the E.A. or CFSA that may need amendment, subject to the determination
of what those sections may be and of acceptance of the ecological
sustainability of forestry practices that would require any such
changes. Villaware V268-32 Meat Grinder
17. MNR will continue to be responsible for
forest protection measures and will assign a higher priority
to forest protection measures necessary to protect intensive
forest management areas.
This statement means that MNR will continue
to put out fires in any areas that are designated for intensive
forestry. This effort will be an extension of the efforts they
currently make to put out fires elsewhere on Crown and private
land.
18. The parties will publicly acknowledge
the substantial area of forest land that is not available for
forest harvesting outside of the protected area designation,
and that the distribution and values of such areas should be
documented.
This statement refers to areas such
as forest reserves along river or around lakes, wetlands etc.
and says that these areas serve an ecological function. It is
true that they are important and must be protected through proper
application of guidelines.
19. MNR will implement compensation for capital
investments for permanent infrastructure and processing assets
directly related to regulated land withdrawals as a result of
the Lands for Life process and any future unilateral withdrawals.
Compensation issues will only be considered after all mitigation
and transition strategies have been exhausted. The amount of
compensation. if any. determined shall be defined in the sequence
as follows:
- Notification to the affected party of the withdrawal of regulated
areas from the SFL
- Mitigation and transition strategies developed by MNR and the
affected companies. resulting in a written report to the party.
- Notification by the affected party to the Deputy Minister that
a capital investment loss remains unmitigated
- Evaluation and validation of the party (ies) claim by a qualified.
independent. mutually agreed-upon expert resulting in a detailed
report to the Deputy Minister.
- The Deputy Minister responds as to the actions or compensations
deemed reasonable and appropriate in light of the report.
- Failing agreement to the Deputy Minister's response, the issue
will be referred to arbitration for recommendations to the minister,
whose decision would be final.
- The Minister will accept reasonable requests for compensation
recommended by the arbitrator
- None of the above infringes upon the rights of the affected
party to seek a civil remedy in the courts. For several years collectors of American silver eagle have speculated.
This section provides assurance to the
forest industry and communities that future protection of Crown
land will consider the impacts on the capital investments of
industry. This is the case today and it makes sense that such
impacts be avoided wherever possible. This section also sets
out a mechanism to consider compensation to specific companies
for the loss of capital investments such as roads or mill capacity
affected by a new protected area. This has occurred in the past
on a case by case basis.
20. Where linear shaped parks and protected
areas resulting from this process are planned, provision will
be made for the timely implementation of a limited number of
crossings to provide access to timber harvest areas that would
otherwise be uneconomical to access. Prior to December 31, 1999,
crossing locations will be identified as part of the planning
for the new parks and protected areas resulting from these discussions.
Once the new protected areas are in regulation, decisions on
crossing issues will normally be made as part of the management
planning for parks and protected areas. In all cases, an evaluation
of the area will be carried out by MNR to ensure that the identified
values of that area will be protected. MNR will require removal
of roads and bridges when no longer needed by the forest industry.
This section provides a mechanism to
determine the future road-crossing needs of the forest industry
during the protected area boundary finalization process.
21. MNR will work with the forest industry
and the Partnership for Public Lands to reinstate to the land
base available for forestry use any deferred park, study and
protected areas that are not selected in the current round of
discussions, except for areas mutually agreed upon as candidates
for future protection. Any future significant withdrawals or
changes in land use designation will only occur after public
consultation, with provision for involvement of the parties.
This section is self-explanatory.
22. There will be a recognition of the costs.
benefits and impacts associated with intensive forest management
activities.
This section recognizes the need to
carefully evaluate any move to designate forest areas for intensive
forestry.
23. The parties will encourage and support
international forest certification activities undertaken by the
companies.
This statement recognizes that companies
that support protected areas and sound forest harvest and planning
practices should be encouraged to seek independent third-party
certification of their forest management practices.
24. MNR. the forest industry and the partnership
for Public Lands will support initiatives directed toward the
orderly development of areas north of the area of the undertaking
(the area which was considered in the Class Environmental Assessment
for Timber Management of Crown Lands) on a best efforts basis
and as quickly as possible, subject to the following conditions:
- Full agreement of affected First Nations communities
- Permitting commercial forest management on lands north of the
area of the undertaking, subject to obtaining the concurrence
of the Minister of the Environment to provide coverage modeled
after the coverage of the Timber Class EA terms and conditions
and
- Recognition and regulation of parks and protected areas on
these lands.
This section discusses future plans
for the area north of the Lands for Life area. Negotiations between
First Nations, the Ontario government, and the forest industry
have been underway for some time now. First Nations want development
for the jobs it will provide and the forest industry and government
seek resources to provide revenue. This section commits the government
to establishing parks and protected areas as part of this process.
This agreement is important because in the past new areas were
opened to development without consideration of ecological values
or the need to establish protected areas before resource extraction
begins. This agreement would also extend the coverage of the
E.A. to areas north of the currently harvested portion of the
province. Such a move will require the agreement of the Ministry
of Environment.
25. MNR will look favorably upon redistributing
wood flows among mills within the licensed fibre commitments
made to a company, where such redistribution does not result
in an unacceptable socio economic impact to affected communities.
This statement reflects the need to
re-distribute wood flow or products to different areas as a result
of the establishment of the new protected areas.
26. MNR will consider species substitution
as a mitigation tool when requested by the forest industry. where
short term or long term surplus volumes of a tree species can
be made available to mills that will experience wood supply losses
related to these land use decisions.
This statement is related to that above.
It states that MNR will investigate giving a mill a different
species if they lose access to the one that they are currently
losing as a result of new protected areas being established.
27. MNR, the forest industry and the Partnership
for Public Lands will support an expeditious independent and
transparent review of the guidelines which are applied within
the forest management planning process. with a target of completion
within six months, with a goal of ensuring the guidelines fulfil
their intended purpose in an effective and efficient manner.
This statement commits the Ontario government
to lead a review of forest management guidelines. This review
has long been needed and was one of the findings of an Ministry
of Natural Resources investigation. This investigation was requested
by Wildlands League and Sierra Legal Defence Fund as the result
of our investigation of logging activity in the Algoma Highlands.
The MNR investigation found that many of the current guidelines
are confusing and contradictory. Such confusion makes the proper
use of guidelines difficult for forest staff and the public and
also reduces their effectiveness at protecting ecological values..
Review of these guidelines is intended to make them more effective
and easier to use.
28. MNR and SFL holders will review the lands
classified as NSR (Not Sufficiently Regenerated) so as to promote
forest renewal and improve the accuracy of wood supply forecasts.
NSR lands are forest areas that have
been logged in the past but have not received a site inspection
to determine what type of forest has grown back. In many regions
there are a large area of land classified as NSR and this reduces
the accuracy of calculations of total forest land that is available
for harvest now and in the future. MNR and industry must expend
resources to ensure that field staff can visit these sites to
properly classify them. Forest lands that have forest growing
on them can be added to the inventory and those that do not can
receive plantings or other treatment.
29. MNR and the forest industry will support
the principle that the increased costs and lost volumes incurred
by the forest industry as a result of resource (tourism) stewardship
agreements which provide tourism protection in excess of that
resulting from the normal application of tourism guidelines will
be the basis for calculating a charge to the beneficiary to offset
the forest industry's costs or losses. The Partnership for Public
Lands agrees that they will not oppose the beneficiary pay concept
for resource stewardship agreements.
This statement reflects the nature of
the negotiations between the tourism industry, the forest industry
and the government. These agreements will be completed within
the framework of Resource Stewardship Agreements. PPL did not
oppose this as it reflects the progress that these groups have
made to resolve outstanding issues.
30. MNR will involve the forest industry
in any subsequent related discussions that could significantly
affect wood supply and the environmental sector in any discussions
that could significantly affect the proposed protected areas.
This statement commits the government
to inform PPL about any plans that they have that will affect
protected areas and to inform the forest industry regarding plans
that impact wood supply.
31. MNR will arrange meetings with Ministers
of other Ministries to assist the industry in addressing its
current issues and concerns.
This statement is self explanatory.
For the complete Forest Accord, visit
the Ontario
Ministry of Natural Resources accord page.
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