Barrister and Solicitor
Legal Writing and Research
Wild Animal Law of Canada(current to 15 May 2016)
Forest Management Act (PEI)
Note Re Application of the Forest Management Act ('FMA')The full current text of this legislation (including regulations) may be viewed at the Prince Edward Island statute website.______________________________________
The Forestry Management Act (PEI) requires consideration of wildlife conservation as a factor to be taken into consideration in administering it's otherwise predominant mandate of managing the province's forests for commercial logging. It makes no mention of any specific species, and for it's purposes, 'wildlife' means "any vertebrate animal that is wild by nature in the province" [FMA 1(x)].
This law bears on the following wildlife issues:.
The Forestry Management Act ('FMA') is PEI's version of forestry statutes that are common in all Canadian provincial jurisdictions. Essentially these statutes (as does this one), manage the cutting of native forests and the farming of trees for further cutting later on. The FMA is only relevant for the inclusion of wildlife conservation as a secondary consideration to the primarily commercial regulatory purpose of the statute.
These considerations are located in several parts of the Act, as follows:
- the Minister's Forestry Improvement Advisory Council, which shall advise the Minister with respect to forest management, including in part "forest wildlife conservation" [FMA 5(d)];
- ministerial responsibilities include "conservation and or enhancement of wildlife resources utilizing Crown forest lands" [FMA 9(1)(e)];
- the Minister may build and operate facilities to (in part) "produce seedlings for reforestation, conservation of land, wildlife, and water, or for beautification" [FMA 15(a)];
- making "a positive contribution to the conservation of the soil, water and wildlife resources" is an aspect of the Minister's mandate of 'integrated management' of the province's forests [FMA 1(n),9(1)];
- one of the purposes for which the Minister may acquire Crown lands is to create "forested natural areas", which means "an area of forest land selected because it is representative of a rare or uncommon forest ecosystem" [FMA 1(m),10(1)].