A handful of American lumber companies, determined to protect their markets and maintain inflated prices, are proclaiming a new issue aimed at keeping the lid on imports of Canadian softwood lumber. Supporters of the Softwood Lumber Agreement (SLA) now assert that trade restrictions on the Canadian lumber industry are not only justified because of alleged governmental subsidy, but also deserved because of Canada's supposed negligence in the area of environmental conservation. Proponents of the SLA assert that this "negligence" is yet another form of subsidy because Canadian lumber companies do not incur the costs of environmental compliance. However, as with the issue of government subsidization, these environmental allegations are nothing more than unfounded myths used by companies that want to protect their markets at the expense of U.S. consumers.

    To claim that Canada is negligent in the protection of its environment has no basis in fact and reflects an ignorant appraisal of this issue. A full understanding of the scope of actions Canada has taken to protect its forests requires a look at efforts on both the national and provincial levels of government.

    The environment is a matter of shared jurisdiction in Canada just as it is in the U.S., which means that both the federal and provincial governments have responsibilities in this critical area. Taken together federal and provincial efforts have resulted in over 15 forest management laws. In addition, Canada has signed more than 230 international environmental agreements, including commitments to protect forests, stop trans-boundary air pollution, protect biological resources and preserve wetlands.

    Canada and all four provinces affected by the SLA have environmental legislation that is comparable to – sometimes better than – that in the United States. In fact, Canadian forestry practices are at the world standard.

Federal Protections

    To protect these holdings, Canada has put in place several important federal forest stewardship initiatives. These include:

The National Forest Strategy (1992): a blueprint ­ designed by federal and provincial governments, industry, labor and environmental groups -toward sustainable forest management, which has resulted in provincial requirements for the assessment of impacts on soil, wildlife and climate prior to harvesting on Crown lands; adoption of codes to promote sustainable management by governments, industries and labor; and provisions for more resources to develop environmentally sound forest technologies.

The National Forest Strategy (1998): commits various governments to conducting broader forest inventories, standardizing criteria for testing and monitoring sustainability; and expanding protected areas.

Model Forest Network: a network of 11 forests in which new management approaches are applied.

The Fisheries Act: prohibits the disruption or destruction of fish habitat and the discharge of harmful substances into waters containing fish in private and public lands.

The Canadian Environmental Protection Act: provides a comprehensive framework that applies to land, air and water, which allows the government to control the use, and prevent the abuse, of toxic substances; this Act is notable for its emphasis on the prevention of environmental harm.

The Canadian Environmental Assessment Act: requires assessments of federally funded and managed projects and projects on federal lands.

The UN Convention on Biological Diversity (1992): commits Canada, one of its first signatories, to protect its biological resources. The U.S. has not signed it.

 

Provincial Protections

    The federal government's jurisdiction over forestry is based on its ownership of 23% of Canada's total forestland. Under the Canadian Constitution, the provinces are given ownership and legislative authority over most publicly owned forestland - 71% of Canada's total forestland, with the remainder held privately. Thus, most of Canada's forest management laws are at the provincial level. Each province has its own legislation, regulations, standards and programs, governing forest management responsibilities and harvesting rights.

British Columbia

    British Columbia is an environmentally dedicated, pro-active, provincial government. In the past decade, the BC government has put in place comprehensive regulatory mechanisms for environmentally sound forest management. They include:

The Timber Supply Review and Annual Allowable Cut Determination: requires a comprehensive review every five years to determine the amount of timber that may be harvested. The review takes several factors into account including the need to shift to second growth harvesting, the application of new management objectives and standards -- including biodiversity considerations, wildlife and fish habitat, visual impacts, disturbance from road building and harvesting, changes to the available land base, and changes in economic viability of areas and species.

The Protected Areas Strategy: (1993): established the goal of doubling protected areas to 12% of the land base by 2000. To date, 346 new protected areas have been established, and over 11% of the land base has been permanently protected.

The Forest Practices Code (1995): established a rigorous, enforceable code for forest management, which reflects environmental protection and sustainability objectives.

Forest Renewal Plan (1994): assists communities in transition to new forest management policies and provides assistance in restoring lands affected by past practices. An additional stumpage fee on harvests from public lands finances the plan.

Ontario

    Ontario has been actively revamping its forest management regime over the past decade. Among its accomplishments are an exhaustive environmental assessment of Crown lands as well as:

The passage of the Crown Forests Sustainability Act (1994): a groundbreaking piece of legislation that led to a guarantee that harvesting of forests would be done on a basis that is environmentally sustainable and with a market return to the owner of the land;

The Lands for Life Roundtable: assured a full set-aside of 12% of provincial land in the north for parks and wilderness. This latter process produced a Forestry Accord between industry and key environmental players that was described by Monte Hummel, the Canadian head of the World Wildlife Fund, as a "resolution that will benefit all our interests".

    Under the Crown Forests Sustainability Act, companies that are granted a license to cut have a clear set of responsibilities with respect to reforestation and care of the land under license. A portion of stumpage fees are specifically set aside in trust funds for reforestation, and are drawn down as required. Compliance, with reforestation commitments, is carefully monitored and enforced. Stumpage has increased threefold since 1992.

    The Forest Accord had the strong support of the Federation of Ontario Naturalists, the World Wildlife Fund and the Wildlands League, in addition to several other environmental and interested organizations that were part of the negotiation process.

    Tim Gray of the Wildlands League had this to say about the conclusion of the Ontario process: "Wild natural areas are increasingly rare and valuable. Protecting these places now will provide exceptional scientific, educational, scenic and cultural value in the future. Ontario is making a move the world should follow. Many world-class, eco-tourism destinations will be set aside, such as Lake Nipigon (10th largest freshwater lake in the world), the Lake Superior North Shore Corridor, the Algoma Highlands (painted by the Group of Seven). There will be 48 new waterway parks, and additional to popular parks such as Killarney, Wabikimi and Woodland Caribou - this means protecting our natural heritage and providing new jobs for the north in a global industry sector that is growing rapidly."

Alberta

Environmental Protection and Enhancement Act: Alberta’s environmental assessment process is contained in this legislation, which also establishes the Sustainable Development Council, regulates contaminated sites and hazardous substances and provides for the conservation and reclamation of land.

 

Natural Resources Conservation Board Act: provides a process to review projects that may affect Alberta’s natural resources to determine if they are in the public interest. Projects under this Act include forest industry projects such as planned construction of facilities to manufacture forestry products such as pulp and paper, newsprint, lumber, and treated wood for which an environmental impact assessment is required.

 

Forest Reserves Act: provides for conservation of forests and other vegetation and for the maintenance of conditions that are favorable to an optimum water supply.

 

Wilderness Areas, Ecological Reserves and Natural Areas Act: establishes reserves to protect natural areas in Alberta and restricts certain activities in those areas, such as travelling, hunting, fishing, destruction of animal or plant life, and construction.

 

The Alberta Forest Legacy: this framework sets out a management approach to maintaining sustainable forest ecosystems in the province. The framework, built on public consultations in the 1990s, seeks to ensure that appropriate uses of different portions of the land base are taken into consideration.

 

Quebec

Environment Quality Act: contains Quebec’s environmental assessment process as well as detailed regulations on controlling and repairing damage caused by emissions, contamination, pollution and waste. This act is notable for giving every person the right to a healthy environment and its protection and to the protection of all living things within it. Under this act, all pulp and paper mills and forest products plants are automatically subject to environmental assessment and review.

 

An Act Respecting Threatened or Vulnerable Species: authorizes the government to take steps to ensure that species which may need protection, or their habitat, are protected or, where damaged, that the harm is repaired. The government has a broad power to order the suspension of any activity that may result in serious damage to or threaten a species or its habitat.

 

Tree Protection Act: prohibits anyone from destroying or damaging a tree without authorization from the Ministry of Natural Resources and authority from the Ministry of the Environment.

The Ecological Reserves Act: permits the establishment reserves for the protection of plants and animals and prohibits activities such as forestry and mining on these lands.

 

Act Respecting Conservation and Development of Wildlife: establishes the Fondation de la Faune du Québec to promote the conservation and development of wildlife and its habitat. It also gives the government the power to establish wildlife sanctuaries, preserves and habitats.

    There is no factual basis to the allegations that Canada’s forest practices do not protect the environment. This is simply an argument used by those who want to ensure perpetually high lumber prices through the continuation of quotas, rather than allowing free trade to establish the market. Quotas, quite simply, reward those that have at the expense of those that do not. Proponents of the SLA have raised these unsubstantiated issues of environmental negligence as justification for imposing trade limitations.

    Continuing the Softwood Lumber Agreement will only serve to harm U.S. consumers, and it should be allowed to expire on March 31, 2001 with no renewal or extension. If there are parties who believe that environmental or governmental subsidy issues continue to exist, mechanisms are already in place to deal with such concerns (the World Trade Organization, for one). The facts, however, clearly demonstrate that Canada has proven itself to be environmentally and socially responsible.