Recreation Trails Strategy for British Columbia Phase 1: Background Report Appendix 1 Technical Findings May 2007 Ministry of Tourism, Sport & the Arts Ministry of Environment Province of British Columbia
Contents 1. Trails Survey questionnaire...2 2. Review of existing trail-related legislation and policy...12 3. Assessment of trail strategies in other jurisdictions...26 4. Rating of Criteria for Prioritizing Trails...41 5. Linking the Trails Strategy to other Government initiatives...42 6. Summary of Research Relating To Benefits...51 7. Chronology of Efforts related to BC Trails Strategy...59 8. BC Recreation Trail Inventory...63 For further information please contact: Recreation Sites and Trails Branch Ministry of Tourism, Sport and the Arts PO Box 9811 Stn Prov Gov Victoria BC V8W 9W1 Tel: 250.356.6911 Fax: 250.356.2842 Email: RecInfo@gov.bc.ca Recreation Trail Strategy updates and reports are available online at: www.tsa.gov.bc.ca/publicrec/ The Provincial Trails Strategy is intended to serve as the hub of a wheel connecting a broad range of organizations in a shared vision for British Columbia s world-class trail network Recreation Trails Strategy: Phase I: 1
1. Trails Survey questionnaire Recreation Trails Strategy for British Columbia Survey to Organizations British Columbia is fortunate to have an abundance and diversity of recreation trails that provide a wide variety of outdoor experiences for users from all walks of life. In addition to unparalleled recreation opportunities, our trails also offer tremendous potential for significant health, economic, social, cultural/heritage, and environmental benefits to individuals, communities and the Province as a whole. Currently, five provincial government agencies (Ministry of Transportation; Ministry of Agriculture and Lands; Ministry of Tourism, Sport and the Arts; Ministry of Environment and Tourism BC) as well as federal, regional and municipal levels of government, First Nations and stakeholders and interest groups (e.g., recreation and stewardship groups) are either directly or indirectly involved in the management of recreation trails. To coordinate a shared and sustainable vision for managing the Province s trails and develop a framework for guiding future decision-making, the Ministry of Tourism, Sport and the Arts, together with the Ministry of Environment (BC Parks) is initiating the development of a Recreation Trails Strategy for B.C. Development of a provincial trails strategy will take a multi-phased approach. The first phase will involve the preparation of a background report. This phase is not a consultation phase, but will instead focus on information gathering and designing a process for developing the trails strategy. Subsequent phases of the project will involve consultations with First Nations, local governments, stakeholders, and other organizations in a cooperative process to develop a made-in-b.c. trails strategy. The attached survey has been designed to solicit feedback from government agencies, First Nations, local governments, stakeholders, and other groups that have been historically involved in trail use and management in B.C. We need to hear from you so that the background report can benefit from your views and experience, and so your input can be incorporated into the design of a process for developing a Recreation Trails Strategy for B.C. This is an opportunity to participate in a process that will provide strategic direction for the future management of B.C. s world-class recreation trail network. Your feedback is important and all contributions will be respectfully considered. Please complete this survey to help us achieve the following goals for the background report: Identify support for the development of a recreation trails strategy for B.C. Identify trail-related legislation and policy issues; Describe recreation trends related to trails; Identify successful trail strategies in other jurisdictions; Describe strengths, weaknesses, opportunities and threats related to the existing trail network; Describe and rate key challenges/issues related to trail development; Describe and rate the benefits of trails; Identify and rate criteria to prioritize trails; and Identify a process for developing a recreation trails strategy for B.C. We request that you complete the survey on behalf of the organization you represent. It is your responsibility to determine how best to provide a comprehensive response since we wish to receive Recreation Trails Strategy: Phase I: 2
one completed survey from each organization. We would appreciate it if you could complete the entire survey. If you are unable to do so, please complete as many portions of the survey as you can. To aid your organization, we attach a pdf document of the survey which allows you to review and consider the questions before replying online. When you are ready to give your response on behalf of your organization, you must complete it online by accessing the following website. Given the deadlines associated with this project, we would like your response on or before December 15 th, 2006. If you have any questions regarding the survey, please contact: Terje (Terry) Vold at 250-474-7720 or at vold@shaw.ca or Blair Baldwin at 250-764-0990 or at pinnacle@silk.net If you have any questions regarding the overall Recreation Trails Strategy for BC Project, please visit the Recreation Sites and Trails website at: (www.tsa.gov.bc.ca/publicrec/) and click on the link labelled Recreation Trails Strategy for BC under the Contents tab. Thank you very much for your efforts in providing this valuable feedback. Bill Marshall, Director Recreation Sites & Trails Branch Ministry of Tourism, Sport and the Arts Recreation Trails Strategy: Phase I 3
Recreation Trails Strategy for British Columbia Survey A Survey of Key Organizations and Agencies Concerning a Recreation Trails Strategy for British Columbia Please respond to survey by accessing by December 15, 2006. Please complete as many of the survey questions as you can using short one sentence responses. Thank you. Please provide your name, the name of organization you represent, and contact information (please include your first and last name, your organization s e-mail and direct phone): Your Personal Name: Name of Organization: Email Contact: Phone Contact: 1. Support for the plan to develop a Recreation Trails Strategy for BC Please check one of the following boxes below to represent your organization s support for the development of a recreation trails strategy for BC: a. Strongly support b. Somewhat support c. Neutral d. Somewhat do not support e. Strongly do not support f. Not sure Recreation Trails Strategy: Phase I 4
2. Trends Related to Recreation Trails Please outline in the space below, the top three trends related to recreation trails that your organization sees as important. Trends may be related to trail use activities, frequency of trail use, roles and responsibilities in the management of trails, emerging standards for developing trails, methods of funding trail development and maintenance, methods of trail marketing and promotion, the management of liability associated with trails, and emerging benefits of trails. Please feel free to use these trends or state others that you feel are important. Top Three Trends Related to Recreation Trails: 3. Trail Strategy or Plan in BC or Other Jurisdictions 3.1 Are you aware of an effective trail strategy or plan within BC or in another jurisdiction? If so, please list one trail strategy or plan and identify three key factors that makes this plan or strategy successful? Recreation Trail Strategy or Plan, and name of jurisdiction. Please provide the website where further information may be found. Key Success Factor #1 Key Success Factor #2 Key Success Factor #3 3.2. What Land Use Plans, Local Plans And Trail Strategies Exist That Guide Trails With Which Your Organization Is Involved? Please name the key ones Recreation Trails Strategy: Phase I 5
4. Strengths, Weaknesses, Opportunities and Threats Regarding Recreation Trails in BC. Please assess the Strengths, Weaknesses, Opportunities and Threats for the recreation trails with which your organization is involved. Your assessment may consider trail use, management, standards, development/maintenance, funding, marketing, liability, volunteers, governance, benefits or other components. 4.1 What are the three key strengths of trails with which your organization is involved? #1 #2 #3 4.2 What are the three key weaknesses of trails with which your organization is involved? #1 #2 #3 4.3 What are the three key opportunities to improve the trails with which your organization is involved? #1 #2 #3 4.4 What are the three key threats to trails with which your organization is involved? #1 #2 #3 Recreation Trails Strategy: Phase I 6
5. Key Issues for Recreation Trails in BC Please describe how the following issues impact the trails your organization is involved with and rate the importance of the issue to your organization, using the following rating scale. Please describe and rate only those issues that impact your organization. a. Access VH-Very High; H-High; M-Moderate; L-Low; NI- Not Important; US- Unsure Issue Description of Impact to your Organization Rating b. Approval process for new trails c. Competing resource users d. Conflict between trail users e. Coordinating trail groups f. Demographic trends g. Recreation trends (specify) h. Environmental impacts i. Increasing trail use j. Insurance/ liability k. Limited funding to develop and maintain trails l. Limited resources (e.g. volunteers) to develop and maintain trails m. Marketing/ Promotion n. Multi-use vs single use trails o. New and emerging trail activities p. Legislation q. Policy r. Compliance & Enforcement s. Private land owners concerns t. Railway right-of-way abandonment u. Safety (e.g. road and highway crossings) v. Signage w. Trails for those with disabilities x. Trail standards Recreation Trails Strategy: Phase I 7
y. Trails information (maps, brochures, websites) z. Trails data base (spatial and attribute information) aa. Other (specify) 6. Benefits of Recreation Trails in BC Please describe the benefits of the trails your organization is involved with and rate how important the benefit is to your organization using the following rating scale. VH-Very High; H-High; M-Moderate; L-Low; US- Unsure Benefit Key benefits to your organization Rating a. Health/ fitness b. Educational (e.g. skill development) c. Social (e.g. friends/family) d. Cultural e. Economic (e.g. business spending, tourism spending) f. Environmental (e.g. raising awareness) g. Transportation/ commuting h. Other (specify) i. Other (specify) Recreation Trails Strategy: Phase I 8
7. Key Criteria to Prioritize Trails in BC Please review the following criteria for prioritizing trails in BC. We ask you to choose and rank the top 5 in order of importance to your organization. Choose only the top five criteria and use the ranking scale from 1 to 5 where 1 is most important and 5 is 5 th most important. Potential criteria a. Providing a diversity of types of trails for a variety of trail users (e.g. from non-motorized to motorized; non-commercial to commercial; municipal to national; day use to overnight use) b. Providing a balanced distribution of trails geographically across the province to address demand c. Providing world-class trails or trail systems that can leverage tourism to BC d. Providing trails for uses that promote active lifestyles, health and fitness e. Providing trails that promote social and cultural heritage values f. Providing trails that promote environmental awareness g. Providing trails that can be managed to have minimum impact on the environment h. Providing trails that can be managed to have minimum impact on other users i. Providing trails that have strong community or organizational support j. Providing trails that are close to home that can be used for travel and commuting k. Providing trails long distance trails that link communities l. Providing trails that allow access from urban areas to open spaces in the backcountry m. Providing new trails that have a high likelihood of being maintained (e.g. by an agency or organization) so they don t deteriorate over time n. Providing trails for persons with disabilities o. Other (specify): p. Other (specify): Rank Recreation Trails Strategy: Phase I 9
8. Recreation Trail Related Legislation and Policy In BC 8.1 What legislation and policy governs or affects trails with which your organization is involved? Please list key legislation and policy. Name of Legislation: Policy: 8.2 What types of legislation and policy are missing or create a barrier that impacts the trails with which your organization is involved? Please list key missing elements or barriers. Legislation: Policy: Recreation Trails Strategy: Phase I 10
9. Process for Developing a Recreation Trails Strategy for BC In addition to compiling a background report for trails in BC, the Province of BC will be designing a process for developing a recreation trail strategy. One possible approach may include the following: Convening a Trail Advisory Committee representing diverse organizations; Consulting with a representative number of communities, First Nations and users across the province; and Developing a Trails Strategy for BC that considers the information from the background report, advice from the Trails Advisory Committee, and the consultations with communities, First Nations and users. We would appreciate your comments on the proposed process. Please outline your agreement and/or suggestions for improvements in this possible process below. Need much more space for these answers 10. Other ideas or information Do you have any other ideas or information that would contribute to a background report on recreation trails in BC? Thank you! We sincerely appreciate your support. Please complete this survey by or before December 15 th, 2006 by accessing Recreation Trails Strategy: Phase I 11
2. Review of existing trail-related legislation and policy This appendix provides a review of legislative tools and associated policy, including a summary of survey results by organization. Key issues and gaps are also discussed and summarized. Legislative Tools and Associated Policy The key legislative tools that affect trails in BC that are described below along with associated policy include: Ministry of Tourism, Sport and the Arts Forest and Range Practices Act Land Act Heritage Conservation Act Motor Vehicle (All Terrain) Act Ministry of Environment Park Act Wildlife Act Regional Districts and Municipalities Local Government Act Parks Canada Other Canada National Parks Act Occupier s Liability Act Ministry of Transportation BC Hydro Ocean and water-based routes or trails Ministry of Tourism, Sport and the Arts The Ministry of Tourism, Sport and the Arts is responsible for managing public and commercial recreation uses on Crown lands outside parks, as well as related recreation and tourism resources in conjunction with other agencies such as the Ministry of Agriculture and Lands, and the Ministry of Forests and Range. Overarching policy support is intended when the draft Discussion Paper: An Integrated Policy Framework for Resorts, Adventure Tourism and Public Recreation on Crown Lands is finalized and the policy framework is completed and approved. The policy vision statement, goals, and principles Recreation Trails Strategy: Phase I 12
for sustainability that can guide policy development that are contained in the framework can support both public and commercial recreation trail development and management. Overarching local-level policy support is provided by the direction in approved strategic land use plans such as Land and Resource Management Plans (LRMPs) and Sustainable Resource Management Plans (SRMPs). For example, any policy direction about the appropriateness of motorized and nonmotorized recreation use in specific areas of interests in a land use plan are intended to guide commercial recreation tenure decisions under the Land Act as well as public recreation decisions under FRPA. Forest and Range Practices Act All key recreation-related authorities under the Forest and Range Practices Act (FRPA) have been delegated to the Ministry of Tourism, Sport and the Arts (MTSA). FRPA recreation provisions apply on Crown lands outside of parks and protected areas that have not been addressed in other enactments (like the Land Act). The Forest and Range Practices Act (FRPA) enables either the: establishment by order of a recreation trail through s. 56 ( established trails ), or authorization in writing of a trail through s. 57 ( authorized trails ). The many sections under FRPA that can relate to recreation use and resource management, including recreation trails, are thoroughly described in MTSA s draft 2005 Outdoor Recreation and the Forest and Range Practices Act. The key elements that relate to recreation trails are highlighted below. Established trails (s. 56) are the recreation trails managed by MTSA. They are mapped so the public is aware of their location. Three categories of established recreation trails (similar to recreation sites) are recognized: (i) (ii) (iii) user maintained without fees; managed without fees (often in partnership with a volunteers); and managed with fees that address services provided through a partnership agreements generally with a not-for-profit group or organization. The ability to charge fees at established trails is enabled through the Forest Recreation Regulation. The fees charged (from Part 5 of the Regulation) can not exceed the cost of providing services at the trail (for example, grooming of a cross-country ski trail or snowmobile trail). The ability to managed use at the recreation trail (and sites) in order to provide to provide a safe, environmentally acceptable and appropriate trail use experience is addressed in Part 4 of the regulation. In addition to general requirements for all established recreation trails, there is the general ability for MTSA to establish trail-specific rules for the use of a recreation trail by posting a sign containing the rules. Where established trails are managed in partnership with a group or organization, under the enabling authority of s. 118, a management agreement is prepared and signed by that party and MTSA. The agreement specifies the roles and responsibilities of both parties. The provincial government has developed third party liability insurance with a broker that is provided free-of-charge to the group or organization consistent with the agreement. The authority to establish recreation trails rests with the Minister (or delegate) who is enabled under s. 56(3) to establish objectives for each trail provided they are consistent with land use objectives and objectives established under s. 149 (1). The objectives have legal effect on applicable forest and range tenure holders who prepare operational plan but do not have legal effect on public use. Recreation Trails Strategy: Phase I 13
Authorized trails (s. 57) are recreation trails managed by a person or organization through the written consent of MTSA. These trails are not generally mapped by MTSA and made known to the general public; rather, the person or organization makes the trail known to a targeted set of potential users. There is no ability to charge fees or establish rules at authorized trails in a manner that can be enforced. That said, an organization could voluntarily request users to pay fees for the use of the trail where services are provided (e.g. grooming of snowmobile trails) or behave in an appropriate manner consistent with the purpose of the trail. Before MTSA consents to authorizing a trail, by regulation the proponent must submit a proposal that trail construction and management will not cause, to the satisfaction of MTSA, either: (a) significant risk to public safety; (b) unacceptable damage to the environment; or (c) unacceptable conflicts with other resource values or users. If a proponents request for an authorized trail is refused, that decision can be reviewed. What in fact constitutes trail construction and management is addressed in the regulation and in an older 1995 Trails and Recreation Facilities Guidebook that provides policy support. For example, marking a route with cairns or directional indicators, or the minor clearing of brush or downed trees to repair an existing trail does not require consent. MTSA may require a management agreement as a condition of providing consent that specifies the obligations of the proponent. The organization, however, is not provided liability insurance as is the case with established trails. Section 57 could be used as a potential tool or step in moving towards establishing a trail under s. 56. For instance, MTSA may want to authorize construction under s. 57 and await final inspection to ensure standards are met prior to moving forward with s. 56. In this case, s. 57 is a step in the process and can be uses as an incentive to an organization to build trails to an appropriate standard. S.57 may also be useful for temporary trails required to provide access around a resource development site for a relative short period of time such as five years. Ideally, however, the end point for a long-term recreation trail constructed and maintained to standard would be establishment under s. 56. Other provisions in FRPA enable various recreation trails to be identified as a resource feature (s. 149), and allow the management of recreation use on Crown land (s. 58). Resource features that can be identified under FRPA s Government Actions Regulation include an established recreation trail (under s. 56), an authorized trail (under s. 57) and trails authorized under another enactment (such as the Land Act). When identified, under the Forest and Range Practices Regulation, primary forest activities must not damage or render ineffective a resource feature. Forest licensees do not need to address recreation trails that are identified as a resource feature in Forest Stewardship Plans (FSP) as these requirements apply to forest practices in general. That is, the licensee must abide by the practices requirement to not damage the resource feature or render it ineffective in addition to any other requirements in the FSP. Under s. 58 of FRPA, if necessary to protect a recreation or range resource, or to manage public recreation use on Crown land, recreational use anywhere on Crown land can be restricted or prohibited by order. In addition, for similar reasons, some non-recreational uses can be restricted or prohibited on established recreation trails (under s. 56) and in other specified situations. Policy support, although sometimes dated or incomplete, is provided by the: Recreation Manual including Chapter 10 on Recreation Trail Management and Appendix 8 on Guidelines for Authorizing Uses at Recreation Sites and Trails that were both last updated in December 2000; Trails and Recreation Facilities Guidebook prepared in 1995 (as discussed); Recreation Trails Strategy: Phase I 14
Operational Standards for Snowmobile Trails that was recently prepared; draft policy related to mountain bike trails; and Government Actions Regulation: Policy and Procedures for Government Staff Assisting Delegated Decision-Makers approved in April 2006 by MOFR, MOE, MAL and MTSA. Although not policy per se, the Recreation Resource Inventory provides information on recreation trails that resource users such as forest licensees and the professionals they hire, may be expected to consider when preparing a plan or undertaking forest management activity on Crown land. Professional foresters are subject to the standards of professional practice developed under the authority of the Forester Act. For recreation features including trails, the inventory identifies associated recreation activities as well as the relative significance and sensitivity of the trail. Some of the inventory, however, may be dated depending in part on when it was last updated. MTSA is responsible for the inventory standards while MAL stores the inventory in the Land Resource Data Warehouse (LRDW). The Recreation Features Inventory Procedures and Standards Manual was last updated in 1998. Land Act Most key authorities under the Land Act that can be extended to commercial recreation operations have been delegated to the MTSA. Land Act provisions apply on Crown lands outside of parks and protected areas. Under section 11 of the Land Act, MTSA can dispose of Crown land for commercial recreation via tenures such as a lease or license of occupation. The Ministry of Agriculture and Lands and the Integrated Land Management Bureau tenure some activities that may be linked to commercial recreation such as marinas, lodges/accommodation and commercial wharves. Unauthorized commercial recreation use of Crown land is generally considered trespass under s. 59. Commercial recreation trails under the Land Act would generally be recognized under a license of occupation since the lands are not being intensively developed or used, and exclusive use is generally not warranted. Examples of commercial recreation trails include trails for horseback use managed by guide outfitters, and groomed snowmobile trails managed by guided snowmobile tour operators. The Commercial Recreation Policy provides direction and support. By policy, MTSA generally requires a management plan to be prepared by the commercial recreation operator to ensure diligent and responsible use. Adherence to an approved management plan generally becomes a condition for maintaining the Land Act tenure. Additional policy support is provided by a sample management plan and maps, and a template document. The existing commercial recreation policy was updated in 2004 when under Land and Water BC. Now that the authority exists under MTSA, and given new overall context and direction (e.g. Spirit of 2010 Tourism Strategy; draft integrated policy framework for Resorts, Adventure Tourism and Public Recreation), MTSA is currently in the process of renewing its commercial recreation policy. Other provisions in the Land Act include the ability under section 66 to prohibit a specific use in a designated area via an Orders-in-Council. This provision has been used to prohibit specific types of recreation uses that are deemed an inappropriate use of Crown land, for example, to prevent substantive impacts on existing tenured users. A new part 7.1 of the Land Act (sections 93.01 to 93.81) allows land use objectives to be established that have legal effect under FRPA, and is supported by the Land Use Objectives Regulation. This authority rests with the Ministry of Agriculture and Lands (MAL) and is generally employed as a means to help implement an approved strategic land use plan such as an LRMP or SRMP. Land use objectives can be established for recreation and tourism and could apply to a recreation trail. Legally established objectives under FRPA apply to forest and range licensees who prepare operational plans Recreation Trails Strategy: Phase I 15
such as Forest Stewardship Plans (FSPs). FSPs must provide a measurable and verifiable result or strategy that is consistent with the objective. Forest licensees must comply with FSPs that are approved by MOFR. This new part 7.1 authority replaces the former higher level plan provisions under the Forest Practices Code. That said, existing higher level plan objectives have been carried forward under FRPA and continue to apply. MAL is currently developing supporting policy for developing land use objectives. It should be noted that land use objectives under the Land Act have no legal effect on recreation or tourism users or operators (or other resource users not subject to FRPA). That said, as noted at the outset, approved land use plans provide policy direction and support for various resource agencies including MTSA when making decisions about commercial and public recreation use under the Land Act and FRPA, respectively. Under section 15 of the Land Act, by orders-in-council, Crown land from may be reserved from disposition under the Land Act for any purpose that is in the public interest. Disposition refers to permits and tenures (such as licenses and leases) as well as sale of Crown land. In 1993, 40 000 ha had been reserved for the Use, Recreation and Enjoyment of the Public or UREPs. The reserves also served to flag this interest to other resource agencies and users. UREPs often included areas with important recreation feature values and likely included some recreation trails. The establishment of new UREP reserves is not currently practiced and some of the older reserves may have been discontinued through cancellation of the original order. Heritage Conservation Act The Heritage Conservation Act applies to all lands including private lands and Crown lands both inside and outside of parks and protected areas. Under section 9, land can be designated as a heritage site by Orders-in-Council. This authority has been used to designate heritage trails as a heritage site. Under section 13, heritage protection is afforded designated heritage sites, heritage features in use before 1846, and other specified values. The Act resides with MTSA. As of 2004, there were 10 designated heritage trails totaling well over 500 km in length including the 350-km Alexander Mackenzie Heritage Trail also known as the Nuxalk-Carrier Grease Trail because it was used by aboriginal people to transport fish grease to interior BC for trading. A heritage trail policy and procedures and a Memorandum of Agreement between MTSA and the Ministry of Forests and Range provide for the cooperative management of heritage trails outside of parks. A cornerstone to the agreement is the development of a mutually approved management plan. The approved management plan is directly tied to the Act insofar as uses that are deemed consistent with the protection of the heritage trail are specified. Motor Vehicle (All Terrain) Act The Motor Vehicle (All Terrain) Act was introduced in the early 1970 s and has not been substantively changed. It now resides with MTSA. The Act s name is an oxymoron since it only applies to snowmobiles as regulations concerning other off-road vehicles (ORVs) such as All Terrain Vehicles (ATVs) or quads, and motorized dirt bikes, were never introduced. Although the Act primarily focuses on the operation of all terrain vehicles (i.e. snowmobiles given the regulation), similar legislation in other jurisdictions address a broader array of issues like recreation trails for ORV use. An Off-Road Vehicle Coalition has made recommendations to improve or replace the existing antiquated Act with a modern ORV Act, similar to those in other jurisdictions. These recommendations include providing focus on recreation trails, for example, through the establishment of a trust fund paid for by riders that can be used to develop and maintain ORV trails in a responsible manner and in appropriate areas that do not adversely impact other users or the environment. MTSA Recreation Trails Strategy: Phase I 16
is currently coordinating a comprehensive review of the Coalition s recommendations with several other agencies that have an interest in ORV use. Ministry of Environment The Ministry of Environment provides leadership in environmental management; recreation-related management responsibilities include provincial parks and protected areas, and wildlife. BC Parks is responsible for managing resource values and use, including public and commercial recreation use, and recreation trails in provincial parks and protected areas ( parks ) designated under the Park Act, Protected Areas of BC Act, and the Environment and Land Use Act. About 6000 km of hiking trails exist in parks. Overarching policy support in parks is provided in conservation principles, conservation program policies and the impact assessment process. When park facilities such as trails need to be developed or maintained, the Park Design Guidelines & Data document promotes use of natural landscape architectural practices. Park-specific policy support is provided by the direction in approved management planning documents. This includes Management Plans (MP), Management Direction Statements (MDS), Purpose Statements and Zoning Plans (PSZP). The preparation of management planning documents is influenced by any direction provided in approved strategic land use plans (such as LRMPs) primarily for new parks, as well as Background Reports for a park that provide information on its natural and cultural values; land tenure, occupancy rights and resources uses; outdoor recreation opportunities and facilities; visitor use and trends; and known management issues. The appropriateness of recreation trails, including various types of trails, can be addressed in management planning documents. Park Act The Park Act and Park and Recreation Area Regulation (PRAR) provides the management authority for BC Parks for parks and protected areas established under the Park Act, Protected Areas of BC, and Environment and Land Use Act as well as the Ecological Reserves Act (via The Application of Park Legislation to Ecological Reserves Regulation). Most recreation trails in parks are directly managed by BC Parks. Under s. 10 of the PRAR, a park officer may erect a sign or other device specifying an area in which specific activities are permitted, prohibited or restricted which park users must comply with. Under s. 24 and 25, snowmobiles and cycles, respectively, can only use areas permitted by a sign or other device. These authorities allow BC Parks the ability to manage recreational use on park trails. Some park trails are managed in partnership with a public or commercial recreation organization. In these instances, a park use permit, as required under the Park Act, is issued requiring the proponent to manage the trail consistent with permit conditions. Wildlife Act Under s. 109 of the Wildlife Act, the Minister of Environment may, by regulation, prohibit or restrict public access for the purpose of wildlife management. These provisions have been used to regulate recreation trail use such as in the Muskwa Kechika area. In general, key policy support is provided in the Wildlife Guidelines for Backcountry Tourism/ Commercial Recreation in British Columbia finalized in 2006. Their purpose is to ensure that the growth of the commercial recreation industry tenured by MTSA under the Land Act is environmentally sustainable and is supported by policies to protect wildlife values. The guidelines can Recreation Trails Strategy: Phase I 17
be translated by tourism operators into their Management Plan, and once approved, the plan can be enforced as a tenure condition. The guidelines were developed by MOE in consultation with stakeholders and the public, and are expected to also provide useful guidance for public (noncommercial) backcountry recreational users. The Wildlife Act was amended in 2004 to enhance BC s ability to protect and recover species at risk. The amendments enable Cabinet to list as endangered, threatened or extirpated the full range of species that can be similarly listed under the federal Species at Risk Act. Cabinet has the ability to define and protect the residence of a listed species. Existing tools such as FRPA, Park Act, etc will continue to be used to protect critical habitat for species at risk. The provincial listing process and recovery planning remain as policy. Recovery plans are usually prepared by a recovery team and include a recovery strategy and action plan. The recovery strategy identifies threats to the species or ecosystem and what should be done to mitigate those treats, and includes goals, objectives and approaches for recovery. Action plans include what needs to be done to meet the objectives of the strategy. Recreational trail use, or associated dispersed use, may be identified as a threat to a species or ecosystem where specific actions need to be done to mitigate impacts. Regional Districts and Municipalities Local Government Act The Local Government Act provides broad authority for regional districts and municipalities to establish and manage parks including recreation trails. Regional Growth Strategies may be developed that provide strategic context to address urban and rural open space including parks and recreation areas. All bylaws adopted by a regional district board must be consistent with the regional growth strategy. Municipal official community plans must provide regional context statements acceptable to the regional district board where a regional growth strategy has been adopted. Under the Local Government Act, regional districts have the authority to require subdivision applicants to provide up to five percent of their land for parks, and the title of the parkland can be vested in the name of the regional district if it has a community parks service. Where the regional district does not have a community park service, parkland can be dedicated in the name of the Crown. Proceeds from the sale of dedicated parkland can go into a reserve fund for future parkland acquisition. Local government can enter into partnership agreements in the management of parks including recreation trails. The Regional Parks and Regional Trails Regulation grants regional districts to acquire, by lease, easement, statutory right of way, licence or permit, an interest or right in land to be use for a regional park or regional trail service. Parks Canada Canada National Parks Act The seven national parks in BC are Glacier, Gulf Islands Reserve, Gwaii Haanas Reserve, Kootenay, Mount Revelstoke, Pacific Rim Reserve and Yoho. The Canada National Parks Act requires that a management plan be prepared for each park every five years. The management plan must respect broad legislative and policy requirements outlined in Parks Canada s Guiding Principles and Operating Policies while addressing local issues and circumstances. The management plan provides overall direction for each park including facilities such as park trails. Recreation Trails Strategy: Phase I 18
To guide the management of each park and address local issues, Parks Canada has adopted through policy the use of an Environmental Management System (EMS) modeled after the International Organization for Standardization (ISO) 140001 standard. Management plans are also subject to environmental assessments consistent with the Canadian Environmental Assessment Act as required by the 1999 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. The Parks Canada Guide to Management Planning is the manual that guides management planners in their work. Other It should be noted that there are innumerable other pieces of legislation and policy that can affect recreation trails and trails use. A key one related to liability is described. Occupier s Liability Act The provincial government changed the Occupier s Liability Act in 1998 to improve non-commercial recreational access, including recreation trails, on Crown and private land throughout BC. Prior to the change in the Act, Crown land managers and private landowners had a duty of care to ensure that people were reasonably safe while on their property. To avoid risk of liability, many landowners simply chose not to allow recreational use, such as trails, on their property. With the 1998 changes to the Act, the duty of care and liability risk to the occupiers (land owners) was reduced. Now, the occupiers only need to avoid intentionally creating a danger or acting in reckless disregard for the safety of recreation users (e.g. knowing of a danger but taking no action). This means recreation users must accept increased responsibility for their own safety on recreation trails. Despite the changes to the Act, the issue of liability remains very much in the forefront of concerns with user groups and tourism operators who provide public and commercial recreation services such as trails (see issues and gaps below). Ministry of Transportation The Ministry of Transportation has responsibilities under the Transportation Act, Motor Vehicle Act and other legislation. The ministry has developed a Cycling Policy 1 that supports its goal to integrate bicycling by providing safe, accessible and convenient bicycle facilities on provincial highways and to support and encourage cycling given its environmental, economic and health benefits. Cycling supports the ministry s mandate to provide BC with an integrated multi-modal transportation system. Cycling is allowed on all highways except designated freeways 2 (Schedule 1 highways) through regulation under the Motor Vehicle Act. Section 62 of the Transportation Act can be used the Minister of Transportation to authorize use or occupation of provincial public highways. 1 www.th.gov.bc.ca/popular-topics/cycling/policy.htm 2 www.th.gov.bc.ca/popular-topics/cycling/legislation/restrictions.htm Recreation Trails Strategy: Phase I 19
The Ministry of Transportation, the Minister responsible for ICBC, and the Minister of Public Safety and Solicitor General have shared responsibilities under the Motor Vehicle Act. A key point here with respect to trails, is that only vehicles registered under the Motor Vehicle Act and fully insured under ICBC are allowed to occupy public roads (highways) including the right-of-way unless a special permit or authorization is granted (e.g. for farm vehicles crossing the road). This means that snowmobiles registered under the Motor Vehicle (All Terrain) Act, and all terrain vehicles and motorized dirt bikes that currently can not be registered under the Motor Vehicle Act, are prohibited from any use of public roads. This effectively creates a legal barrier for long distance motorized trail use in BC. Long distance snowmobile and ATV trails that may link communities are common in many other provinces and states where more lenient laws allow incidental trail crossings and use of public roads by recreational off-road vehicles (ORVs). BC Hydro BC Hydro manages recreation sites and trails within the lands they are authorized to manage where they are compatible with the hydroelectric system. BC Hydro also supports compatible uses on its rights-of-way (ROW) issued under the Land Act for Crown land such as for transmission lines. The ROW gives BC Hydro the right to exclude any use deemed to be a hazard to public safety or the security of the system, or that impairs the long term ability of BC Hydro to use the ROW, for example, to replace or upgrade transmission lines. That said, BC Hydro supports public use of ROWs as long as the use is compatible with the system. Where compatible, BC Hydro issues a use agreement for trail users that include terms and conditions required by BC Hydro regarding trail use in the ROW. Ocean and water-based routes or trails The authority exists to formally designate Marine Protected Areas under Canada s Oceans Act, Fisheries Act, National Parks Act, Canada Wildlife Act, or Migratory Birds Convention Act, and BC s Ecological Reserves Act, Park Act, Wildlife Act or Environment and Land Use Act. Many of these tools could be used to designate marine trails (e.g. sea kayaking) or to secure or restrict marine trail use. Ocean and freshwater routes or trails, such as rafting, canoeing and kayaking, are also subject to the Navigable Waters Protection Act. Its main objective is to protect the public right to navigation including for recreation. Rafting is further covered by the Commercial River Rafting Safety Act. Survey Feedback The Recreation Trails Strategy for British Columbia Survey to Organizations elicited a number of responses to the two legislation and policy related questions: 1. What legislation and policy governs or affects trails with which your organization is involved? 2. What types of legislation and policy are missing or create a barrier that impacts the trails with which your organization is involved? The main pieces of legislation mentioned was the Motor Vehicle Act, Land Act, Occupiers Liability Act, FRPA and the Park Act. The following two paragraphs summarized views expressed by some respondents to the survey. Recreation Trails Strategy: Phase I 20
In general, some respondents felt that existing legislation does not effectively address the issues facing trails and trail user groups. Trail use is a significant issue given the conflicts between trail users and there is either no legislation to address the issue or existing legislation creates barriers to certain groups. Even where legislation exists, it is difficult to enforce the rules resulting in increasing frustration from those who are tasked with the management of the trails. Furthermore, trail managers are given little protection from liability issues. In some jurisdictions, it is not always clear who is responsible for the management of the trails and there are several groups who construct and maintain the trails. Feedback was received that current legislation does not address the issues of access, environmental sustainability, and trail standards. Formal partnerships and agreements do not always exist to provide trail users access to certain trails and red tape can often be the cause of significant delays in the development of recreational trails. Existing legislation does not always consider the need for funding and other infrastructure to maintain the usability of the trails. Issues and Gaps Establishing Trails Trails in BC Parks, and those that are formally designated by MTSA as a recreation trail under s. 56 under FRPA, can be managed through the application of trail-specific rules that can be enforced. However, most trails outside of parks have not been formally designated and often no rules apply. This can cause conflicts, particularly between motorized (such as ATVs and dirt bikes), mechanized (e.g. cycling) and non-motorized users (like horseback riders and hikers), who may have different expectations about what use is appropriate for particular trails. Further, the non-designated trails have no legal status should potentially new conflicting resource or recreation/tourism uses be proposed for the area. The designation process for trails can take time and effort on part of MTSA and the organization interested in getting the trail established and this can cause delays. Resource Roads (Access) Legislation and policy regarding resource roads has a profound impact on both access to, and use of, recreation trails since some trails in fact involve use of the resource road itself (e.g. off-road vehicle trails where use of resource roads is common). A review of resource road legislation and policy is being undertaken by an inter-agency resource roads committee. Recommendations to improve legislation and policy regarding resource roads as they relate to public access have been recently offered by the Forest Practices Board in a 2005 special report on Access Management in BC: Issues and Opportunities, and the Off-Road Vehicles Coalition s 2005 Final Recommendations for Registration, Licensing and Management of Off-Road Vehicles in BC. The general intent of new resource roads legislation is to for various authorizing agencies to provide a resource road tenure (or permit) to the licensees they regulate that have reasonable consistent requirements and can be readily transferred as required. For example, a resource road tenure issued to a oil and gas licensee could be transferred to a forest licensee when no longer needed for oil and gas production. The issue of resource roads as it might effect access to recreation trails and use as a recreational trail, however, requires more attention. The focus appears to be on industrial resource road use issues and obligations as opposed to associated recreational use. Recreation Trails Strategy: Phase I 21
Public Roads (Highways) Great strides, backed by funding, have been made to promote cycling as a legitimate use to be promoted on public highways where appropriate. However, very little has been done to address the issue of motorized off-road vehicle (ORV) recreation users who need to cross a public road, or use a portion of the right-of-way, as part of a recreation trail. Current legislation effectively prevents legal ORV crossings of public roads and therefore creates a barrier to the development of long-distance motorized trails that may be designed to link communities. Many other jurisdictions provide longdistance motorized recreation trails, such as snowmobile trails, with legislation that allows for safe highway use. Dispersed Use Recreation trails sometimes are used as access for dispersed off-trail recreational use. Rules governing the trail may not apply to dispersed use areas. Although an agreement with a user group who partners in the management of a trail could address off-trail use, it may need to be supported by regulation. For example, a snowmobile trail through caribou habitat may be acceptable if use is restricted to the trail, but may be unacceptable if trail uses leads to unregulated dispersed use. This concern may result in opposition to a trail corridor if dispersed use management is believed to be ineffective which can limit a legitimate trail recreation opportunities. BC Parks under the Park Act can effectively regulate dispersed recreation use. Outside of parks, as previously discussed, there are several overlapping tools available on to regulate dispersed use (see Table 1). Given the overlaps, it is important that agencies coordinated their efforts so that the right tool is used for the right reasons. Table 1: Legislative Tools that can Restrict Public Access Legislative authority to restrict public access Land Act s. 66 FRPA s. 58 (formerly FPC s. 105) Wildlife Act s. 109 Motor Vehicle (All Terrain) Act s. 7 How it can be applied and agency responsibility The Lieutenant Governor in Council may, by regulation, prohibit a specific use of Crown land in a designated area. The Ministry of Agriculture and Lands oversees the Land Act. The Minister of Tourism, Sports and the Arts may restrict or prohibit a recreation use if needed to protect recreation or range resources, or address user conflicts. The Minister of Environment may, by regulation, prohibit or restrict public access for purpose of wildlife management The Lieutenant Governor in Council may make regulations respecting the operation or prohibition of all terrain vehicles. Only snowmobiles are recognized, by regulation, as an all terrain vehicle under this Act. The Ministry of Tourism, Sports and the Arts now oversees this Act. Recreation Trails Strategy: Phase I 22