B.C. RESOURCE ROADS – Information
This Bill requires that permits be held for all industrial uses, and prescribed commercial uses, of roads in British Columbia other than highways.
It establishes a Resource Road Authority and allows that authority and its delegates to issue, amend and transfer road authorizations. The Bill provides for particular users of resource roads to be tasked with the maintenance and deactivation of those roads, while at the same time allowing the government to remediate and close roads where necessary.
It provides that resource roads are only to be constructed, modified, maintained or deactivated under appropriate road authorizations and establishes the ability to set the standards by which that construction, modification, maintenance and deactivation is to be performed. It provides for the manner in which resource roads are to be used, and contemplates that additional directions can be given for roads that have a high level of traffic.
It also provides for the authority to enforce the provisions of road authorizations, this Act and the regulations, and establishes an enforcement regime that provides for both reviews and appeals of authority determinations.
The imposition of future maintenance obligations on the “designated maintainer” will guarantee total deactivation of all inactive forest related resource roads through removal of bridges and culverts. This will make even ATV access nearly impossible. Thus, British Columbia's back country road infrastructure is slated to be systematically dismantled.
As the White Paper on this proposed legislation suggested in 2005, this legislation transfers responsibility (thus ownership) of these roads from our Forest Service to the private sector. In other words, whether you call it “off loading” or “privatizing”, this Act represents a fundamental change - a change which has not yet been debated by the public.
As well, this Act will orphan roads (which include many of our interior back country roads) who will not have a “designated maintainer”. Without a “designated maintainer”, for reasons of public safety or environmental integrity, this Act anticipates deactivation. (See the Summary at the end of Bill 30).
As a consequence, access for hunting, fishing, and all other recreational pursuits (as well as small enterprise) will be dramatically impacted - whether or not “fees” for road use are charged or not.
Once Section 14 of Bill 30 comes into force, publicly owned forest service roads will cease to exist. Re-designated as “resource roads”, everyone's right to access to Crown Lands using existing roads will be determined under Section 11 of the new “Resource Road Act”, and if deemed a “commercial activity”, by Sections 38 and 39.
Section 11 of Bill 30 states: “A holder of a road authorization applicable to a resource road must not request or obtain money or any benefit or compensation from any person using or wishing to use the resource road unless, (a) in the case of a person using or wishing to use the resource road for a purpose that is not an industrial purpose, the regulations otherwise provide”.
In plain English Section 11(a) “enables” this government (or any future government) to enact regulations which impose fees and/or restrictions on the general public. The public's right of access is not enshrined in this Act. Kevin Krueger, Minister responsible for Mines, can say or proclaim what ever he wishes (It is yet to be seen whether he or his party will even be in office when this legislation comes into effect in about a year and a half) - his words do not make it fact. What is fact is that which is plainly written in English within the Resource Road Act.
Of note: the definition of “industrial purpose” and “prescribed commercial operation” contained within Bill 30 is all encompassing as to capture every kind of small enterprise or deemed activity. Under the statute provisions of the “Resource Road Act”, it will take a special exemption (regulation) to exclude guide outfitters, snowmobile and ATV tour operators, placer miners, prospectors or explorationists from having to comply with charges and fees under Sections 38 and 39. At a whim, this exemption could be withdrawn or altered - if one is actually ever put in place. Remember, under this Act, there is a fee charged just for making an application for a “resource road permit”.
Particularly in pine beetle damaged areas, where government, in its effort to advance alternative economic activities, has highlighted the mining potential of these areas, more red tape seems like a contradition.
While the goal of improving safety on our logging roads is laudable, we do not accept that deactivating these roads, once their industrial purpose has ended, is the way to do this. Nor do we accept that appointing a gatekeeper, in exchange for the right to recover some of the road building costs, will serve the public in this matter.
As in anything, not everyone will agree on the rules and regulations. BUT we strongly feel the stakeholders should be consulted and an attempt made at a workable consensus.
In addition, we would like to see legislation containing rules rather than vague statements promising regulations to come.
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Written on April 30, 2008 in response to Bill 30, this overview (click here to download in pdf format) outlines the major points of concern for the mineral exploration community.