Operational Guide
for
Power Line Timber Risk Reduction
on Crown Lands
A Collaborative Initiative of
BC Hydro, the British Columbia Transmission Corporation and
the Ministry of Forests and Range
April 2007
Table of Contents
1) Project Overview
3
2) Project and Agency Background
5
3) Legal Framework – Cutting Authority and Timber Rights
9
4) Coordinated Planning for Risk Reduction Areas
11
5) Assignment of Cutting Authority and Rights to Risk Reduction Areas
14
6) Silviculture Obligations
18
7) Evaluation – Project/Operational Guide
19
8) Appendices
20
A.
B.
C.
D.
E.
Business Map to Evaluate Timber Removal Options
Power Line Timber Risk Reduction Working Group Terms of Reference
Excerpts from Legislation
Power Line Risk Reduction Schedule
Description of the data layers and formatting required for the overview planning
map
F. Briefing Note – Granting BC Hydro and BC Transmission Corporation the Rights
to Crown Timber (Ministry of Forests and Range, December 13, 2005)
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1) Project Overview
The extensive Mountain Pine Beetle (MPB) epidemic across the British Columbia
Interior has been the impetus for the creation of the Operational Guide, but it is expected
that the guide will have broad-based application to a wide range of forest health issues.
Development of the Operational Guide has been a collaborative effort of BC Hydro
(BCH), the British Columbia Transmission Corporation (BCTC) and the Ministry of
Forests and Range (MoFR).
Over more than a decade, the MPB infestation has grown to the extent that there are huge
volumes of dead and dying Lodgepole pine trees that flank hundreds of kilometres of
transmission and distribution power lines across large areas of the province. The
increased volume of dead and dying trees presents a significant risk of trees falling onto
the electrical system. Damage from such incidents has the potential for heightened public
and worker safety hazards, more frequent power outages and increased fire hazard risks.
While each organization has unique interests with respect to the impacts of the MPB
infestation, there also are many areas of common concern. BCH and the BCTC have
vegetation management programs for their respective electrical systems. The scope of
the MPB epidemic, as well as the impacts of other insects and diseases, has created acute
challenges for the vegetation management programs in areas adjacent to the electrical
systems because BCH and the BCTC have had to shift their focus from the cutting of
dispersed hazard trees to entire stands of timber. At the same time, the MoFR is focusing
its strategies on dealing with the harvest of large volumes of dead and dying timber on
Crown land, impacts on markets, community economic stability, timber pricing and
revenue, and wildfire risk.
BCH and the BCTC have ongoing relationships with the MoFR that has enabled the
cutting of timber associated with the vegetation management programs of both agencies.
By spring 2005, however, it was clear that the three agencies needed more focused
collaboration to effectively and efficiently address the collective impacts of the beetle
infestation.
Expeditiously addressing these risks is a high priority of BCH, BCTC and MoFR, as well
as the B.C. government. To that end, a working group (Power Line Timber Risk
Reduction Working Group) comprised of representatives from the three agencies was
established in May 2005 to develop a plan with the following goals:



to facilitate the timely reduction of risks to the electrical system caused by timber
threats;
to utilize the timber in cooperation with the affected agencies and parties; and, in
turn,
to reduce the risk of fire and ensure public safety.
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While there is a high level of urgency to find solutions for these issues, the working
group agreed that it would be essential to find an overall approach acceptable to each
agency in terms of cost, operational efficiency and effectiveness. Respecting the interests
and authorities of each agency, the working group’s mandate indicates the three agencies
would collaborate in the development of a consistent provincial approach to reduce
timber risks to the electrical system and utilize timber to its highest value. A planned and
collaborative approach would enhance the likelihood of overall project success and help
ensure the respective needs of each agency are met. It is important to note that the
project does not apply to similar issues on private land, municipalities, provincial parks,
protected areas or federal lands.
An overriding principle of the project is that the three agencies will work within their
own existing policy and legislation to the greatest extent possible, while also recognizing
that new legislation and regulations might be required. Specific aspects of the project
would be the responsibility of the respective agencies, so that appropriate agency
autonomy would be maintained and an effective solution found as quickly as possible.
While flexibility is required to address urgent situations, all three agencies will benefit
from a planned approach to the greatest extent possible. The Operational Guide has been
developed to help achieve that goal. A summary of the process outlined in the guide can
be found in Appendix A, which is entitled “Business Map to Evaluate Timber Removal
Options”.
It should be noted that both BCH and the BCTC have agreements with the Protection
Branch of the MoFR for other matters not encompassed in the Operational Guide.
Information on the Power Line Timber Risk Reduction Project working group roles,
responsibilities and guiding principles is available in Appendix B.
The direction provided in the Operational Guide is based upon existing legislation at the
time the document was written. Future changes in legislation may affect the direction
provided herein.
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2)
Project and Agency Background
Purpose of Guide
The purpose of the Operational Guide (guide) is to provide a framework and guidance for
a consistent provincial approach to the power line timber risk reduction project that
respects and supports the unique objectives of BCH, the BCTC and the MoFR.
Problem Definition
For the power line timber risk reduction initiative to be successful, it is essential to have a
clear understanding of the types of timber adjacent to power lines that need to be cut.
This section of the guide defines the common and agency-specific terminology used
throughout the guide.
Section 38 of the Utilities Commission Act1 requires both BCH and the BCTC to maintain
the equipment and rights of way in order to allow the transmission of power in a manner
that is adequate, safe, efficient, just and reasonable. This responsibility rests solely with
these two agencies, which have responsibility to evaluate their power or transmission
lines to determine vegetation requiring removal.
The BCTC and BCH vegetation management programs enable them to meet their
responsibilities under section 38 of the Utilities Commission Act. It is recognized that
both BCH and the BCTC have extensive programs dealing with vegetation “under the
wires”. These operations do not normally involve input from the MoFR and,
consequently, are outside the scope of these guidelines.
For areas “not under the wires”, the BCH program is known as the ‘hazard tree program’,
while the BCTC refers to its program as the ‘edge tree program’. For the guide, the
generic term ‘risk reduction program’ applies to both programs and the areas where
timber cutting will occur are known as ‘risk reduction areas’.
Within the risk reduction areas, BCH and the BCTC use the following definition to
identify trees that require removal:
A Hazard Tree means “a tree which has a flaw or condition which will lead to
a failure and has a target (a power line or other asset used to move power)
which may be affected by that failure”.
The risk reduction area is the width required to secure the power line from trees falling
into it. Generally, this is considered to be one and one-half (1 ½) tree lengths from either
side of the corridor edge of the statutory right of way or easement. When there are steep
slopes, the distance must be adjusted to accommodate the risk of trees sliding into power
line structures.
1
UTILITIES COMMISSION ACT
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WorkSafe BC has legislated standards that must be maintained for distances between
exposed, energized high voltage electrical equipment and/or conductors and any worker,
work, tool, machine, equipment or material, including trees. These standards are
available in Part 19.24 of the Occupational Health and Safety (OHS) Regulation2.
Timber not meeting these definitions may also be removed from the risk reduction areas
to meet certain forest management objectives, such as green Lodgepole pine trees that are
at high risk of being attacked by the MPB. In addition, the MoFR district manager
should consider increasing the risk reduction area to meet other forest management
objectives or to deal with public safety concerns.
In addition to the removal of risk reduction areas that contain patches or stands of timber,
BCH and the BCTC continue to actively pursue the removal of single dispersed hazard
trees. The removal of hazard trees under the risk reduction program takes precedence
over other timber management considerations. However, healthy ‘live’ stems may be left
within a risk reduction area, if the MoFR district manager determines there are significant
forest management values that will be achieved by retaining them, and BCH and the
BCTC can still achieve their risk reduction programs. In making such decisions, the
district manager must also consider the risk of any residual trees to blow down.
Effectively managing such situations and respecting the interests of each agency requires
cooperation between BCH/BCTC and the MoFR to ensure all values are appropriately
addressed and respected.
Agency Information
Two Crown corporations – BCH and the BCTC – manage most of the extensive network
of power lines in British Columbia. Some power lines are managed by FortisBC and
other entities.
Pursuant to an agency relationship with BCH, the BCTC is responsible for the
management of the transmission system, which consists of 18,286 kilometres of
transmission lines. These transmission lines operate at voltages ranging from 60 to 500
kilovolts (kV) and carry electricity for wholesale transmission customers and to power
large industrial business.
BCH manages the distribution system, consisting of 55,254 kilometres of distribution
lines operating at voltages less than 60 kV and carrying electricity to homes and
businesses.
BCH managed both the transmission and distribution systems until August 2003, when
the BCTC assumed responsibility for management of the transmission system as an
2
Workers Compensation Act -- OCCUPATIONAL HEALTH AND SAFETY REGULATION - Part 19
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independent electrical transmission company accountable for the operation, maintenance,
and planning of BCH’s high voltage electrical transmission system.
The assets that BCTC manages on behalf of BCH include:



all transmission lines greater than 60 kV;
all structures, equipment, and facilities (switching, substation, and
telecommunications) used in connection with the transmission system; and
right-of-way permits, licenses and agreements relating to any of these assets.
For purposes of the power line timber risk reduction program, one key difference
between distribution and transmission is that transmission has legal statutory right-ofways, while distribution typically does not. The widths of the right-of-ways depend upon
the line voltage of the transmission lines and can vary between 10 and 300 metres.
Individual transmission lines vary in length from 1 to 500 kilometres. The total area
covered under these right-of-way agreements is approximately 75,000 hectares.
The MoFR is the principal government agency responsible for the province’s 88 million
hectares of public forest and range land. The MoFR’s mandate is to protect, manage and
conserve B.C.’s diverse public forest and range resources in a sustainable manner, which
includes authorizing the use of public lands for timber harvesting activities through
specific legislation.
Tenure is the mechanism used by government to transfer to others the specific rights to
use Crown or public forest and range land and resources. Forest companies, communities
and individuals gain the right to harvest timber on Crown land through tenure agreements
with the provincial government.
The rights, obligations and responsibilities associated with tenures are established in
provincial legislation, regulation and policy. Additional requirements may be included in
individual tenure agreements, licences or permits. For a complete overview of timber
tenures in B.C., refer to the publications on the following website
http://www.for.gov.bc.ca/hth/timten/brochures.htm.
Applicable tenures for the power line timber risk reduction program will be issued
primarily by the district managers of the 29 forest districts or the regional managers of the
three forest regions (Coast, Northern Interior and Southern Interior).
Specific forms of forest tenure also may be issued by the timber sales managers of the BC
Timber Sales (BCTS) program. BCTS is a stand-alone organization within the MoFR
established to develop and offer Crown timber for auction to establish price and cost
benchmarks for timber harvested on public land in B.C. and capture the best possible
return for the public. BCTS manages public forests that are not managed as part of
existing tenures. BCTS has 12 business areas and an operational presence in 33 locations
across the province.
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For the issuance of forest tenure, the primary point of contact for the BCTC or BCH is
the district manager of each forest district. District managers will collaborate with the
timber sales managers on the MoFR’s administration of the risk reduction program.
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3)
Legal Framework – Cutting Authority and Timber Rights
The forms of agreement generally available to the MoFR district and regional managers
to enter into the harvest of Crown timber on behalf of the government are contained in
section 12 of the Forest Act3. In addition, Section 52 of the Forest Act enables the district
manager or regional manager to authorize an “agent of the government acting in
accordance with the terms of the agency” to harvest Crown timber or use and occupy land
in a provincial forest. Given the concerns with respect to liabilities, it is recommended
that Section 52 of the Forest Act not be used as the means to authorize harvesting in
hazard reduction areas.
Power lines are a special situation, where BCH and BCTC have specific authority under
section 20 of the Hydro and Power Authority Act4 to cut trees that endanger their
respective assets and meet their obligations to provide power outlined in Section 38 of the
Utilities Commission Act. The powers extended to BCH and the BCTC under section 20
of the Hydro Power and Authority Act do not extend to FortisBC or other independent
power producers.
Appendix C contains excerpts of the pieces of legislation referred to in this section. The
terms referenced in this section are defined by the legislation itself.
Section 52 of the Forest and Range Practices Act5 contains a general prohibition against
cutting, destroying or removing Crown timber without authorization. However, Section
32 of the Hydro and Power Authority Act6 and Section 2 of the Transmission
Corporation Act7 exempt BCH and the BCTC from the Forest and Range Practices Act
as well as the Park Act, with respect to the circumstances noted above.
In addition to the cutting authority powers enabled by the Hydro and Power Authority
Act, some of the older transmission statutory right-of-way agreements contain ‘legal
instruments’ by which the Crown or other grantors have given BCH an interest or
occupation right in land that expressly permits the cutting of Crown timber (or private
timber). These legal instruments, issued in the 1960s and 1970s, granted BCH (now
handled by its agent the BCTC) the right to cut, remove and pay stumpage to the Crown
for the trees covered under the agreements. New right-of-way agreements now issued do
not contain legal instruments assigning cutting authority and timber rights. These
determinations of cutting authority and timber rights are made under the Forest Act.
3
FOREST ACT
HYDRO AND POWER AUTHORITY ACT
5
Forest and Range Practices Act - Table of Contents
6
HYDRO AND POWER AUTHORITY ACT
7
Transmission Corporation Act
4
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The BCTC and BCH are not obligated to obtain authority under the Forest Act to cut
Crown timber in risk reduction areas. However, the Operational Guide outlines a
collaborative process to find the most efficient legal mechanism to address risk reduction
areas on each power line section.
Within the context of this section of the report, Table 1 (below) summarizes the
mechanisms by which BCH and the BCTC can obtain cutting authority and timber
rights for Crown timber in risk reduction areas:
Table 1
Enabling mechanism to harvest Crown
Authorizes
Assigns
timber
cutting authority timber rights
for Crown
for Crown
timber?
timber?
Legal instruments granting occupation Yes
Yes
rights and timber rights.
Section 20(1)(b) of the Hydro Power and Yes
No
Authority Act.
Forms of agreement granted under Section Yes
Discretionary
12 of the Forest Act
Risk reduction areas within B.C. provincial parks and protected areas that are not being
cut under the authority of the Hydro and Power Authority Act, are guided by Section 15
of the Park Act8. Section 15 of the Park Act requires all timber cut on or removed from
any park or recreation area to be disposed of in accordance with the Forest Act.
8
Park Act
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4)
Coordinated Planning for Risk Reduction
Overview of Planning Process
Planning is a long-term process and a key principle of the power line risk reduction
program is to maximize the effectiveness and efficiency of solutions by taking a planned
approach. To the greatest extent possible, the three agencies should strive for good
quality planning, with information sharing among partner agencies.
Planning
effectiveness will be enhanced through timely and open communication among the
respective agencies. Effective planning will maximize the efficient removal of timber
from risk reduction areas.
While a planned approach is highly desirable, it is recognized that this guide should be
sufficiently flexible to address situations requiring immediate response. In such
situations, it is expected that the affected agencies will collaborate to resolve the situation
at hand as quickly as possible and achieve respective goals.
Early in the planning process, the MoFR district manager must ascertain the level of
interest of existing forest tenure holders in participating in power line risk reduction
activities. This can be accomplished through discussion at Timber Supply Area (TSA)
steering committee meetings and contact with licensees. The level of licensee interest in
participating will be communicated to BCH/BCTC and taken into consideration when
determining the appropriate cutting authority to be used for risk reduction areas.
The planning process should also consider various other MoFR initiatives, as multiple
objectives may be achieved through harvesting, such as small and intermediate salvage or
fuel management in a community interface area to protect from wildfire.
It is expected that there will be early and continued discussion between the BCTC/BCH
and the MoFR district managers. The culmination of these discussions will be an
agreement on the harvesting authorities to be used in each risk reduction area. The
principles for reaching this agreement are outlined elsewhere in this document.
For such decisions to be effectively communicated and fully understood by all parties, the
goal of BCH/BCTC and the MoFR is to document the decisions regarding risk reduction
treatments in a jointly prepared schedule. The schedule will be signed off by affected
parties and contain each risk reduction area, a map showing the location(s) and a table
(see Appendix D) documenting the cutting authority and assigned timber rights. For
purposes of the guide, the schedule will be referred to as the ‘Power Line Risk Reduction
Schedule’ (schedule).
To the extent possible and to facilitate the planning steps required to complete a schedule,
the goal of BCH/BCTC will be to contact MoFR district managers up to a year before
cutting is anticipated in risk reduction areas. Except in situations requiring immediate
risk reduction action, it is anticipated that a schedule will be in place prior to BCH or the
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BCTC conducting any risk reduction cutting within a forest district. It is recognized that
there are some very high risk areas in the Interior of the province, where risk reduction
harvesting treatments have already been carried out without the development of a
schedule.
Before decisions related to cutting authority and the determination of timber rights,
BCH/BCTC will prepare an overview planning map that overlays risk reduction areas
with:



forest resource information;
Crown versus private land ownership; and
rights granted through government tenure.
The planning map will contain vital information required for the process of assigning
cutting authority and determining timber rights described in Section 5 of the guide. The
overview planning map will become the map component of the schedule.
Identification of Risk Reduction Areas
Accurate field data are vital to the planning of risk reduction activities. Within each
forest district, the first data component necessary to produce the overview planning map
will be the identification of risk reduction areas by BCH and the BCTC. This will
involve detailed on-the-ground information gathering that produces an accurate georeferenced record of the location of the power lines, access roads and other important
structures requiring timber risk reduction work.
While desirable, it is not necessary to identify all risk reduction areas within a forest
district at one time.
Prioritization of Risk Reduction Areas
The BCTC and BCH have developed independent mechanisms for assigning cutting
priorities in their respective risk reduction areas. In general, the following apply.
1. BCH assigns higher priority to risk reduction areas containing:


hazard trees within 1.5 kilometres of communities; and/or
stands that have been infested for long periods of time.
2. The BCTC assigns higher priority to risk reduction areas that affect:





the greatest number of customers;
power lines exporting power outside of the province;
lines with high frequency of outages;
lines that are single sources of power (radial feeds) to communities; and
wood pole structures.
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The risk reduction area priorities incorporate each agency’s desired timing to achieve the
objectives of their respective risk reduction programs. To facilitate the best overview, risk
reduction area priorities will be identified for both private and Crown timber.
Other information about the available data and mapping information sources is available
in Appendix E.
Access to Other Information for the Overview Planning Map
For production of the overview planning map, BCH/BCTC will obtain other information
through access to government electronic systems and specific data sharing agreements,
where applicable, with the Integrated Land Management Bureau (ILMB). The process
for accessing such information is not documented in the Operational Guide, but will be
determined jointly by the ILMB, MoFR, BCTC and BCH.
Completing the Power Line Risk Reduction Schedule
After BCH or the BCTC has completed the overview planning map for risk reduction
areas they want to address, they will meet with the appropriate district manager to discuss
and reach agreement on the harvesting authorities to be used in each risk reduction area.
The principles to guide these discussions are outlined in Section 5.
Consideration may be given, as appropriate, to the inclusion of forest licensees, BC
Timber Sales, MoFR Protection Branch fuel management specialists, and other parties
that would add value to the process. The participation of other parties, such as the
Ministry of Transportation, BC Parks, Telus and the Oil and Gas Commission, in the
development of the schedule will be between the MoFR district manager and BCH or the
BCTC representative(s) by mutual agreement.
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5)
Assignment of Cutting Authority and Timber Rights for Risk
Reduction Areas
This section provides guidance on determining what harvesting authority should be used.
A number of harvesting authorities are available to deal with timber cutting in risk
reduction areas. These include but are not limited to:
1.
2.
3.
Existing licences (forest licence; tree farm licence; woodlot licence);
BCTS.
Forestry Licence to Cut (FLtC) to a third party (FLtC small scale salvage;
intermediate salvage), or to BCH or the BCTC.
Section 20 of the Hydro and Power Authority Act.
Each authority has advantages and disadvantages, depending upon the circumstances for
respective risk reduction areas. There is flexibility to apply the most appropriate
harvesting authorities, given the unique circumstances of each situation.
The objective is to complete the ‘Power Line Risk Reduction Schedule’ (Appendix D)
prior to the commencement of operations in order to document decisions reached on
dealing with the timber post-cutting.
The decisions made on the assignment of cutting authority and timber rights for each risk
reduction area shall be documented in the schedule. For the schedule, it will be the
responsibility of BCH/BCTC to prepare the mapping component and the MoFR to
document decisions in the table. The schedule shall be signed off by the MoFR district
manager and BCH or the BCTC representative(s), with all signatories receiving a copy
for distribution within their organization.
Principles for Determining Cutting Authority and Assigning Timber Rights
The principles articulated in this section should apply to harvesting authority decisions.
The guide outlines the specific responsibilities of BCH, the BCTC and the MoFR district
managers when Section 20 of the Hydro and Power Authority Act9 is chosen. When it
has been decided to use forest tenure holders, BCH/BCTC will work directly with the
tenure holders to carry out the required activities. When requested by BCH/BCTC, the
MoFR district manager will work with both parties to assist the process. The district
manager will consider the issuance of cutting authority to existing forest tenure holders
according to normal business processes.
9
HYDRO AND POWER AUTHORITY ACT
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The following guidance is provided for determining the type of cutting authority most
appropriate to use:
1.
Existing licences (forest licence; tree farm licence; woodlot licence).

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

2.
Where possible, harvesting should be carried out under existing forest tenures.
Area-based tenure holders (Tree Farm Licences, Woodlot Licences,
Community Forest Agreements, and Timber Licences) have near exclusive
rights to merchantable timber in a specified area, which shall be taken into
account.
Timber within existing cutting authorities (cutting permits, Forestry Licence
to Cut, etc.) has been committed to the forest agreement holder and must be
respected.
The BCTC or BCH can still exercise their rights under Section 20 of the
Hydro and Power Authority Act over existing area-based tenure and cutting
authorities.
Forestry Licence to Cut to a third party (FLtC small scale salvage; intermediate
pilot salvage), or to BCH or the BCTC.





3.
When possible, risk reduction activities should be coordinated with other
treatments or initiatives in the area, such as small or intermediate pilot
salvage, or fuel management treatments for the protection of a community
from wildfire.
MoFR policy on granting rights to timber to other ministries and Crown
agencies (see Appendix F).
Where feasible, logical sections of the risk reduction areas should be
harvested concurrently to minimize operational costs.
Where feasible, use a cutting authority that avoids isolating small patches of
Crown timber, e.g. due to proximity to private land, topographical constraints,
adjacent to area based tenure.
Avoid creation of secondary hazards to highways and other users by non-wind
firm edges.
Section 20 of the Hydro and Power Authority Act



In situations where timing is critical, the most expedient option to provide
cutting authority may be Section 20 of the Hydro and Power Authority Act.
When using Section 20 as the cutting authority mechanism and where there
are overlaps with government issued Crown land occupancy rights, BCH or
the BCTC should contact the holder of those rights to coordinate the cutting of
the risk reduction areas in a way that the occupancy rights are respected.
BCH and the BCTC have agreed that, when timber is cut under the Section 20
option, they will bunch (deck) marketable timber in the risk reduction area in
a manner that provides for efficient removal of the timber.
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Risk reduction areas with Crown timber to be cut under Section 20 will fit into one of
three categories:

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
Timber rights assigned to BCH or the BCTC;
Timber rights not assigned to BCH or the BCTC; or
Hazard abatement only by BCH or the BCTC, where it is agreed that due to
various reasons (i.e., uneconomic) the timber will not be removed (see Wildfire
Act).
The following responsibilities with respect to the assignment of timber rights apply to the
respective organizations under Section 20 of the Hydro and Power Authority Act.
Table 2:
Timber Rights Assigned to BCH or BCTC
Organization Responsibilities
MoFR



BCH/BCTC




Follow the Provincial Policy for Consultation with First Nations
(2002) prior to issuing timber rights to BCH or BCTC
Issue a Forestry Licence to Cut (FLtC) to BCH or the BCTC under
Section 47.6 (2) or (2.1) of the Forest Act to remove timber from the
risk reduction area.
Issue permits for the construction or use of roads required to extract
decked timber, if required outside the area covered by the FLtC.
Follow the Approved Work Practices of Riparian Vegetation when
working in and/or around riparian areas.
Obtain the required permits to build and use roads required for
removal of timber.
Ensure that timber from Crown and private land is marked and
managed in accordance with legislation.
Remove timber, assess hazard and conduct wildfire hazard
abatement treatments.
BCH and the BCTC are working with the Protection Branch of the MoFR on matters
related to fire hazard assessments and abatement activities following harvesting activities
on hazard reduction areas.
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Table 3:
Timber Rights Not Assigned to BCH or BCTC
Organization Responsibilities
MoFR



BCH/BCTC


Follow Provincial Policy for Consultation with First Nations (2002)
prior to issuing timber rights.
Use the Ministry procedure for Sale of decked timber to assign
timber rights.
Issue permits for construction or use of roads required to extract
decked timber.
Timber to be decked in a manner that provides for efficient removal.
BCH or BCTC to identify those roads within the forestry licence to
cut area that they would like to maintain for future use.
It is recognized that priorities and plans will shift over time, meaning that the schedule
should be reviewed periodically, amended and signed off, as appropriate.
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6.
Silviculture Obligations
In most cases there will be a legal obligation to re-forest risk reduction areas that have
been harvested. Depending upon the option used to fell/remove the timber, the obligation
to re-forest the area will rest with the licensee holding the authority to harvest (TFL, FL,
Woodlot Licence etc.) or the MoFR district manager if the harvesting timber removal is
done under a FLtC.
For situations where the district manager incurs a silviculture obligation, the process and
accounting framework that currently exist for the small scale salvage program is to be
used. A levy will be charged and collected along with the stumpage payable per cubic
metre. This levy is deposited into the small scale salvage sub-account of the Forest Stand
Management Fund and is accessible to district manager to pay for activities necessary to
meet the obligation.
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Evaluation – Project/Operational Guide
7.
With the guide now being used by the three agencies, it will be important to evaluate the
effectiveness of the guide and to assess the degree to which the project goals are being
achieved. The following are recommended as evaluation measures:






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


The number of forest districts with Power Line Risk Reduction Schedules in
place.
The number of risk reduction projects initiated by using the guide.
The number of risk reduction projects completed under the guide.
The number of projects that meet the timelines identified in the schedule.
The number of projects with timber not utilized, including an explanation of why
the timber has not been utilized.
The volume felled.
The volume sold.
The number of kilometres of lines where the risk was reduced using the guide.
The number of fires from trees falling on power lines.
The number of injuries and deaths from trees falling on power lines.
In addition to these indicators, a short survey should be undertaken after a year with the
respective agency contacts to measure the following:




Perceptions of the usefulness of the guide.
Perceptions of the effectiveness of communications and information sharing
among the agencies.
Perceptions of the overall effectiveness of the project.
Identification of areas for improvement in the guide.
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7.
Appendices
A. Business Map to Evaluate Timber Removal Options

Attached separately in PDF format
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B. Power Line Timber Risk Reduction Working Group Terms of
Reference
Purpose:
To facilitate the timely reduction of risks to the electrical system caused by timber
threats, to utilize the timber in cooperation with the affected agencies and parties, to
reduce the risk of fire and ensure public safety.10
Guiding Principles:
1. Each agency (BCH, BCTC and MoF) retains its existing authority and rights,
according to applicable legislation.
2. It is acknowledged that BCH and BCTC are separate entities and may have
unique strategies for the same or similar challenges.
3. The three agencies will collaborate on the project, while retaining their existing
autonomy.
4. The urgency for BCH and BCTC to reduce the risk is recognized by all agencies.
5. The three agencies will work within existing policy and legislative to the greatest
extent possible.
6. Legislation and/or regulatory change may be required, such as new forms of
tenure, timbermarks, etc.
7. The three agencies agree on the need for a provincial strategy to deal with the
problem.
8. The strategy will provide a consistent approach for application across all regions
and districts.
9. The strategy applies to timber that could impact the reliable and safe operation of
electrical system, including the Mountain Pine Beetle areas of the province.
10. Different strategies will be used for managing Crown and private timber.
11. Safety of workers in proximity to energized conductors is a paramount priority.
12. Consideration will be given to using existing forest licensees to harvest the
timber.
13. Efforts will be made to utilize timber and ensure other risks are not created, i.e.,
wildfire, other forest health factors, etc.
14. First Nations asserted interests and rights are respected.
15. Communication about the project will be undertaken with other agencies,
organizations and stakeholders, as appropriate.
16. Timber pricing issues will be referred to the Revenue Branch of the MoF.
17. Wildfire protection issues will be referred to the Protection Branch of the MoF.
10
The definition of ‘timber’ is drawn from the Forest Act and means “trees, whether standing, fallen, living, dead,
limbed, bucked or peeled.”
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Key Roles and Responsibilities





To collaborate in the development of a consistent provincial approach to reduce
timber risks to the electrical system and utilize timber to its highest value.
To bring issues to the core working group table requiring cross-agency resolution.
To share information that will contribute to the resolution of issues and project
success.
To communicate regularly about the status of the project to key audiences in the
three agencies.
Core team members to serve as the key point of contact within their own agency
with respect to this project.
Core Working Group and Agency Contacts





Tom Wells – British Columbia Transmission Corporation
Brian Fisher – BC Hydro (BCH)
Jim Gowriluk – Ministry of Forests and Range (MoFR)
Brad Harris – Ministry of Forests and Range (MoFR)
Project Manager – Ernie Fraser & Associates Ltd.
Project Timeframe
Short Term = until March 31, 2006
Long Term = 1 year+ (endpoint not defined)
Project Contact:
Ernie Fraser & Associates Ltd.
erniefraser@shaw.ca
(250) 721-1124
(250) 889-3152 cell
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C. Excerpts from Legislation
Hydro and Power Authority Act
Section 6
Directors' proceedings
6 (1) The directors may, on behalf of the authority, pass resolutions thought by them
necessary or advisable for the
(a) conduct of the affairs of the authority, and
(b) times, places, calling and regulation of meetings of directors and of committees of
directors.
(2) The authority may exercise any of its powers or duties by resolution unless otherwise
provided in this Act.
Section 20
Power of entry, etc.
20 (1) The authority may, by itself, or by its engineers, surveyors, agents, contractors,
subcontractors or employees, for any purpose relating to the use, construction, maintenance,
safeguarding or repair of its plants or projected plants, or for better access to them and
without the consent of the owner, enter any land and
(a) survey and take levels of it and make the borings, tests or sink the trial pits it thinks
necessary,
(b) cut down any trees that, in its opinion, might, in falling or otherwise, endanger the
conductors, wires or equipment or other plant of the authority, or that may obstruct the
running of survey lines, and
(c) make or use all roads, trails, bridges, wharves and other works and facilities,
whether permanent or temporary, that may be required for the convenient passing to
and from its survey lines, plants and projected plants.
(2) Despite anything in this Act, if a claim is made against the authority for damage to
crops, gardens, shrubs, trees or other growing things, or other damage caused by or
incidental to the exercise of powers conferred by this section, if the amount of compensation
for damage is not agreed on, compensation must be determined by the Supreme Court
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Section 32
Application of other statutes
32 (1) Despite any specific provision in any Act to the contrary, except as otherwise
provided by or under this Act, the authority is not bound by any statute or statutory
provision of British Columbia.
(2) The authority is an employer under the Workers Compensation Act.
(3) Money owing, payable or accruing due from the authority as salary or wages to any of
its members or employees may be attached under the Court Order Enforcement Act the
same as money owing, payable or accruing due from any person to the Crown, and for that
purpose that Act applies to the authority.
(4) Money, as defined in section 25 of the Family Maintenance Enforcement Act, that is
owing, payable or accruing due from the authority to any of its members or employees may
be attached or garnished under section 15, 18 or 24 of that Act, and that Act applies to the
authority.
(5) Service of all orders, notices and processes required to be served on the authority as
garnishee or attachee must be effected by personal service on the secretary of the authority
or by leaving the document or documents at the secretary's office.
(6) The Lieutenant Governor in Council may, by regulation, make applicable to the
authority any statutory provision.
(7) The following Acts and provisions apply to the authority:
(a) the Auditor General Act;
(b) [Repealed 1998-30-93.]
(b.1) the Budget Transparency and Accountability Act;
(c) Division 5 of Part 5 of the Business Corporations Act;
(d) [Repealed 2001-30-16.]
(e) the Debtor Assistance Act;
(f) [Repealed 2003-46-22.]
(g) the Employment Standards Act;
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(h) the Environmental Assessment Act;
(i) the Environmental Management Act;
(j) the Expropriation Act;
(k) sections 4.1, 53, 53.1, 54, 56, 56.3, 56.4, 63, 77 and 79 of the Financial
Administration Act;
(k.1) the Financial Information Act;
(l) the Forest Act;
(m) the Geothermal Resources Act;
(m.1) the Greater Vancouver Transportation Authority Act;
(n) the Heritage Conservation Act;
(o) the Human Rights Code;
(p) the Insurance (Motor Vehicle) Act;
(q) the Labour Relations Code;
(r) the Limitation Act;
(s) the Ombudsman Act;
(s.1) the Pension Benefits Standards Act;
(t) the Integrated Pest Management Act;
(u) the Petroleum and Natural Gas Act;
(v) the Property Transfer Tax Act;
(v.1) the Public Sector Employers Act;
(w) sections 3 and 5 of the Railway Act;
(w.1) the Safety Standards Act in respect of electrical equipment and regulated work
respecting electrical equipment as those terms are defined under that Act;
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(x) the Utilities Commission Act, except sections 50, 51 (c), 52, 57 (2), 95 and 98;
(y) [Repealed 2003-53-154.]
(z) Part 1, Part 2, except sections 27, 28, 30, 43 and 50, Part 4, Part 5 and Part 6,
except section 101 (3) (b), of the Water Act;
(z.1) the Wildfire Act.
(8) The Transmission Corporation Act applies to the authority in the manner and to the
extent contemplated by that Act.
Forest Act, Section 12:
Section 12
Form of agreements
12 (1) A district manager, a regional manager or the minister may enter on behalf of the
government into an agreement granting rights to harvest Crown timber in the form of a
(a) forest licence,
(b) [Repealed 2004-36-4.]
(c) timber licence,
(d) tree farm licence,
(e) community forest agreement,
(f) community salvage licence,
(g) woodlot licence,
(h) licence to cut,
(i) free use permit,
(j) Christmas tree permit, or
(k) road permit.
(2) A timber sales manager may enter on behalf of the government into an agreement
granting rights to harvest Crown timber in the form of a
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(a) timber sale licence,
(b) forestry licence to cut, or
(c) road permit.
Section 52
Use by government employees and agents
52 (1) The regional manager, timber sales manager or district manager may, in writing,
authorize
(a) employees acting in the course of their duties, and
(b) agents of the government acting in accordance with the terms of the agency
to harvest Crown timber or to use and occupy Crown land in a Provincial forest.
(2) An authorization under subsection (1)
(a) is an agreement under the Forest Act for the purposes of the definition of "forest
practice" in Forest and Range Practices Act, and
(b) must include terms and conditions that the regional manager, timber sales manager
or district manager considers appropriate and that are consistent with this Act and the
regulations, and Forest and Range Practices Act and the regulations and standards
under that Act.
(3) If the regional manager, timber sales manager or district manager so specifies in the
authorization, Forest and Range Practices Act applies to the authorization as if the
authorization were a forestry licence to cut.
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Forest and Range Practices Act, Section 52
Section 52
Unauthorized timber harvesting
52 (1) A person must not cut, damage or destroy Crown timber unless authorized to do so
(a) under this Act, the Forest Act, an agreement under the Forest Act or the regulations
under this Act or the Forest Act,
(b) by the minister, for silviculture, stand tending, forest health or another purpose,
(b.1) under the Wildfire Act,
(c) under a grant of Crown land made under the Land Act,
(d) under the Park Act, or
(e) under the regulations, in the course of carrying out activities
(i) under an authorization referred in section 51 or 57, or
(ii) that are incidental to or required to carry out activities authorized or approved
under this Act, the Forest Act, the Range Act or another prescribed enactment.
(2) A person is authorized to cut, damage or destroy Crown timber for the purpose of
carrying out a forest practice that is funded under a vote as defined in section 1 of the
Financial Administration Act.
(3) A person must not remove Crown timber unless authorized to do so
(a) under the Forest Act or an agreement under the Forest Act,
(b) under a grant of Crown land made under the Land Act, or
(c) under the Park Act.
(4) If a person, at the direction of or on behalf of another person,
(a) cuts, damages or destroys Crown timber contrary to subsection (1), or
(b) removes Crown timber contrary to subsection (3),
that other person also contravenes subsection (1) or (3).
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Park Act
Section 15
Disposal of timber
15 All timber cut on or removed from any park or recreation area must be disposed
of in accordance with the Forest Act.
Transmission Corporation Act
Section 2
Applicability of certain statutes and common law to transmission corporation
2 (1) Subject to subsection (2), sections 31 and 32 (1) to (5) and (7) of the Hydro
and Power Authority Act apply to the transmission corporation and, for that purpose,
a reference in those sections, as they apply for the purposes of this Act, to the
authority is deemed to be a reference to the transmission corporation.
(2) The Lieutenant Governor in Council may, by regulation, make applicable to the
transmission corporation any statutory provision.
(3) For the purposes of subsection (1),
(a) section 32 (7) (c) of the Hydro and Power Authority Act, as it applies for the
purposes of this Act, is deemed to read:
"(c) the Business Corporations Act;", and
(b) section 32 (7) (k) of the Hydro and Power Authority Act, as it applies for the
purposes of this Act, is deemed to read:
"(k) the Financial Administration Act;".
Utilities Commission Act
Section 38
Public utility must provide service
38 A public utility must
(a) provide, and
(b) maintain its property and equipment in a condition to enable it to provide,
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a service to the public that the commission considers is in all respects adequate,
safe, efficient, just and reasonable
Wildfire Act
Section 7
Hazard assessment and abatement
7 (1) In prescribed circumstances and at prescribed intervals, a person carrying
out an industrial activity or a prescribed activity on forest land or grass land or
within 1 km of forest land or grass land must conduct fire hazard assessments.
(2) A person carrying out an industrial activity or a prescribed activity must abate
within a prescribed period a fire hazard of which the person is aware or ought
reasonably to be aware.
(3) Despite subsection (2), if an official identifies circumstances that the official
considers constitute a fire hazard in relation to
(a) an industrial activity, or
(b) a prescribed activity referred to in subsection (2),
the official by written order may require the person to abate the fire hazard by a
specified date.
(4) A person who is the subject of an order under subsection (3) and to whom
written notice of the order has been given must comply with the order.
Workers Compensation Act Occupational Health and Safety Regulation
Section 19.24
Minimum clearance
19.24 (1) The employer must ensure that at least the minimum applicable distance
specified in Table 19-1 is maintained between exposed, energized high voltage
electrical equipment and conductors and any worker, work, tool, machine,
equipment or material, unless otherwise permitted by this Part.
(2) The employer must accurately determine the voltage of any energized
electrical equipment or conductor and the minimum distance from it required by
subsection (1).
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Table 19-1: General limits of approach
Voltage
Phase to phase
Minimum distance
Metres
Feet
Over 750 V to 75 kV
3
10
Over 75 kV to 250 kV
4.5
15
Over 250 kV to 550 kV
6
20
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D. Power Line Risk Reduction Schedule
Detailed Summary of Decisions made for Risk Reduction Areas
Updated as of: [Insert Date]
Ministry of Forests and Range District: [Insert District Name] Utility Company: [Insert BCH or BCTC]
Map Identifier
Number for
Risk
Reduction
Area
Priority
assigned by
BCH/BCTC
Location
Description
(e.g. Smith
Creek, Jones
Road, etc.)
Cutting
Timber Rights
Authority Assigned to:
Mechanism BCH/BCTC or
Agreed to:
Third Party
Ministry of Forests and Range: [insert name of district manager or designate]
Signature:__________________
Date:___________
Utility Company: [insert name of authorized company official]
Signature:___________________
Date:___________
Proposed Work Status
work
“Proposed”
start and “Initiated”
finish
“Complete”
date.
Comments
E. Description of the data layers and formatting required for the
overview planning map
Data Layers for Overview Planning Map
DATA Type
DATA Owner
TRIM base information.
Base mapping
and Geomatic
Services
Agriculture and
Lands
Forest Tenure
Crown land tenures and
primary parcel survey
information.
Land Title information
Surveyed Right of Ways
and Easements
BC Hydro distribution
Powerline and access
road locations.
BC Transmission Corp.
transmission line
locations outside of
statutory rights of ways.
DATA
Location
?
?
FTEN and
FADM layers
in the Land and
Resource Data
Warehouse
GATOR
?
?
?
TANTALUS
BC Hydro
BC Hydro
Corporate Data
base.
BC
Transmission
Corporation
corporate data
base.
BC
Transmission
Corporation
BC Hydro or BC Transmission
Corporation Requirements
to Access Data
Access to BCONLINE?
F. Briefing Note – Granting BCH and BCTC the Rights to Crown
Timber (MoFR, December 13, 2005)

Attached separately in PDF format
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