Canada: Great Bear Rainforest (Forest Management) Act Could Create Social Licence

Twenty years ago, what is now called the Great Bear Rainforest, was on the front lines of environmental activism.  A coalition of environmentalists, First Nations and locals took direct action to stop the logging of first growth temperate rainforest along British Columbia's west coast.  That was the beginning of political and legal wrangling that has culminated in legislation to protect the region.  Today, with British Columbia's Bill 28, Great Bear Rainforest (Forest Management) Act, it is on the cutting edge of building social licence between government, industry, First Nations and environmentalists.  If passed, Bill 28 will permanently protect 85% (3.1 million hectares) of coastal rainforest and subject the remaining 15% (550,000 hectares) of the area covered by Bill 28 to one of the most stringent legal regimes for commercial logging in North America. In doing so, it enshrines a system of ecosystem-based management involving First Nations in decision making.

The Great Bear Rainforest stretches along the coast of BC from Vancouver Island to the Alaska panhandle.  It is one the largest intact temperate coastal rainforests in the world and comprises 25% of the world's remaining coastal temperate rainforest.  The area covered by the Bill 28 covers an area greater than Ireland.  That area has been used by various First Nations for over 10,000 years and supports species such as the grizzly bear, mountain goat, tailed frog, marbled murrelet, northern goshawk, and of course the now iconic Kermode, or white, spirit bear.  In the 1990s, local activists, environmentalists and First Nations believed that commercial logging was threatening the cultural, heritage, ecological and aesthetic values the area had allowed to flourish for millennia and formed blockades.  The conflict is one that has come to typify disputes related to resource extraction: those wishing to harvest the resource commercially for its market value are opposed by those, sometimes acting outside, or on the fringes of the law, who want to protect its use value.

Historically, most legislation that enables resource extraction has favoured the market value of the natural resource with little consideration of its use value in the form of cultural, aesthetic or ecological uses. Bill 28 differs in this respect.  It legislates mechanisms to balance the extraction of the resource's market value with measures to protect cultural and ecological values.  Bill 28 builds on government-to-government agreements with local First Nations for shared decision making on how the Great Bear Rainforest will be managed and selectively logged.  This helps protect heritage and spiritual values important to First Nations and provides First Nations with economic opportunities for selective logging.  It limits logging in the area to 2.5 million cubic metres per year for the first ten years and ensures a review of that number after ten years.  Its ecosystem-based management regime will apply measures more stringent than BC's Forest Act which will continue to apply outside the region.  Bill 28 also allows for partitions to forestry licences that would limit logging to particular geographic areas or particular species of timber.

Despite the accolades the legislation has received as a model for obtaining the consensus required between government, industry, environmentalists and First Nations necessary to obtain social licence, it has faced criticism on both sides.  Some on the industry side complain that the ecological and cultural targets required will make compliance costly and so challenging that those logging in the area may find it difficult to obtain certification by international bodies for forestry stewardship that are more valuable in the global market place.  On the other side of the fence, some argue that the 15% area that may be logged on Bill 28 is too much: none of the remaining old-growth forest should be logged and the areas where logging is allowed are in low-lying, sensitive watersheds.  These types of criticism are inevitable when trying to achieve a system all sides can live with despite whatever perceived imperfections the regime may have.

Unlike most legislation designed to enable natural resource extraction, Bill 28 brings concerns that were previously not addressed to the satisfaction of local communities into law.  It builds the protections for spiritual, heritage ecological uses right into the licensing regime.  In this way, the 20 years leading up to Bill 28 provides a case study in the trajectory of social licence.  Legislative regimes for harvesting natural resources which prioritise market value over use value are confronted by local communities unhappy with this lack of balance.  That need for balance and for the protection of cultural, heritage and ecological values first gains local community recognition which is followed by industry and political recognition.  In the case of the Great Bear Rainforest, BC has taken a last step not always seen: enshrining that recognition in law.

About BLG

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions