Overview
Alberta legislation includes nine different types of protected area designation:
- Provincial Parks,
- Wildland Provincial Parks,
- Provincial Recreation Areas,
- Section 7 Designations,
- Wilderness Areas,
- Ecological Reserves,
- Natural Areas,
- Heritage Rangelands, and
- Heritage Sites.
The first three charts in this section evaluate each of these seven designations based on the three Indigenous Circle of Experts (ICE) characteristics of Indigenous Protected and Conserved Areas (IPCAs). These charts also identify some overall advantages and disadvantages of each designation for creating IPCAs.
None of the Alberta protected area designations grant opportunities for Indigenous leadership in land management. For many protected area designations in Alberta law, the potential for Indigenous co-management is not clear. Despite this, Mikisew Cree First Nation is currently in negotiations with the provincial government to create and jointly manage Kitaskino Nuwenëné Wildland Provincial Park.
Following this survey, this section offers detail on each of the nine protected areas. The charts in this section present information on permitted and prohibited activities in each area. The charts also outline the process for creating each protected area designation.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Provincial Parks Act
| Provincial Park | Wildland Provincial Park | Provincial Recreation Area | Section 7 Designation | |
|---|---|---|---|---|
| Legislation | Provincial Parks Act | Provincial Parks Act | Provincial Parks Act | Provincial Parks Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Established by order – less permanent than in an Act or regulation | Established by order – less permanent than in an Act or regulation | Established by order – less permanent than in an Act or regulation | Established by regulation – less permanent than in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Unclear authority regarding joint or co-management | Potential for joint management | Unclear authority regarding joint or co-management | Potential for joint management |
| Advantages | Strong baseline protections | Strong baseline protections | Supports human engagement with the environment | Flexible protections |
| Disadvantages | Supports some industrial resource extraction | Focus on protection to the exclusion of humans | Supports some industrial resource extraction
Focused on recreation |
Temporary protection |
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act
| Wilderness Areas | Ecological Reserve | Natural Area | Heritage Rangeland | |
|---|---|---|---|---|
| Legislation | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Included in legislation – requires legislative amendment to remove protections | Established by order – less permanent than regulation or in an Act | Established by order – less permanent than regulation or in an Act | Established by order – less permanent than regulation or in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Minister can allow “other persons” to carry out management programs | Minister can allow “other persons” to carry out management programs | Minister can allow “other persons” to carry out management programs | Minister can allow “other persons” to carry out management programs |
| Advantages | Strict protections | Strict protections | Protect largely undeveloped areas | Focused on ecosystem preservation |
| Disadvantages | Authority to create no longer exists | Focused on protection to the exclusion of humans | Focused on recreation Protect relatively small areas |
Largely privately-owned and focused on grazing |
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of the Historical Resources Act
| National Wildlife Area | |
|---|---|
| Legislation | Historical Resources Act |
| IPCA Characteristic #1: Indigenous-led | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Established by order – less permanent than regulation or in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Can appoint committee or cooperate with organizations to support management |
| Advantages | Flexible and strong protections |
| Disadvantages | Must meet historical criteria
Development to support interpretation and education supported |
Provincial Parks Act
Table: Provincial Parks Act In-Depth
| Provincial Park | Wildland Provincial Park | Provincial Recreation Area | Section 7 Designation | |
|---|---|---|---|---|
| Legislation | Provincial Parks Act | Provincial Parks Act | Provincial Parks Act | Provincial Parks Act |
| Responsible Government Department | Environment and Parks | Environment and Parks | Environment and Parks | Environment and Parks |
| Overall Goals and Values | Preserve natural and cultural heritage for present and future generations (s. 3) | Preserve natural heritage and provide opportunities for compatible backcountry recreation | Maintain areas for recreational use and enjoyment by present and future generations (s. 4) | Dependent on terms of Designation (s. 7) |
| Establishment | Order in Council (s. 6(1)) | Order in Council | Order in Council | Regulation |
| Strength of Protection (Based on IUCN Categories of Protected Areas) | II National Park | Ib Wilderness Area | Protected area with recreational focus | Dependent on terms of Designation (s. 7) |
| Decision-Making Authority | Minister responsible for management and protection (s. 4.1) | Minister responsible for management and protection (s. 4.1)
Potential for partnerships |
Minister responsible for management and protection (s. 4.1) | Minister responsible for management and protection (ss. 4.1, 7) |
| Hunting | Generally prohibited (with some exceptions) | With licence | Generally prohibited (with some exceptions) | Dependent on terms of designation (s. 7) |
| Fishing | With licence (in most water bodies and watercourses) | With licence (in most water bodies and watercourses) | With licence (in most water bodies and watercourses) | With licence (in most water bodies and watercourses) |
| Trapping | With permit | With permit | With permit | Dependent on terms of designation (s. 7) |
| Development | Construction with permit (s. 9.1(1)) | Construction with permit (s. 9.1(1)) | Construction with permit (s. 9.1(1))
Can be intensively developed for recreational use |
Dependent on terms of designation (s. 7) |
| Natural Resource Extraction | No removal of natural materials unless permitted (s. 10.1)
Mining and sand and gravel extraction with permit |
No removal of natural materials unless permitted (s. 10.1) | No removal of natural materials unless permitted s. 10.1)
Mining and sand and gravel extraction with permit |
Dependent on terms of designation (s. 7) |
| Access | Motor vehicle and off-highway vehicle access with permit | Motor vehicle and off-highway vehicle access with permit | Motor vehicle and off-highway vehicle access with permit | Dependent on terms of designation (s. 7) |
| Activities Allowed | Compatible outdoor recreation, heritage tourism, and natural heritage appreciation activities
Cultivation, haying, grazing, constructing and operating pipeline or utilities with permit |
Backcountry recreation, ecotourism, and adventure activities
Scientific research (with exceptions) |
Compatible outdoor recreation, heritage tourism, and natural heritage appreciation activities
Cultivation, haying, grazing, constructing and operating pipeline or utilities with permit Scientific research (with exceptions) |
Dependent on terms of designation (s. 7) |
| Activities Prohibited | Interfering with plant or animal life (unless permitted)
Destroying or damaging land (s. 10) |
Interfering with plant or animal life (unless permitted)
Destroying or damaging land (s. 10) Granting dispositions |
Interfering with plant or animal life (unless permitted)
Destroying or damaging land (s. 10) |
Dependent on terms of designation (s. 7) |
Provincial Parks
Under the Alberta Provincial Parks Act, the Minister of Environment and Parks (“the Minister”) is responsible for managing Provincial Parks for five purposes:
- To preserve Alberta’s natural heritage (The Act defines ‘natural heritage’ as “natural landscapes and features and the ecosystems, ecological processes and biological diversity and the related cultural attributes that those landscapes and features include.”);
- To conserve and manage plants and wildlife;
- To protect landscapes and natural objects of interest or importance;
- To support outdoor recreation, education, and nature appreciation; and
- To ensure Provincial Parks are protected for present and future generations.
Cabinet can create a Provincial Park, and increase or decrease a park’s area, by Order in Council.
The Minister can purchase or acquire land to create or increase the size of a Provincial Park, with Cabinet’s approval.
A Provincial Park can additionally be classified as a Wildland Provincial Park. Alberta Parks clarifies that Provincial Parks have a “greater range of facilities” and greater road access than Wildland Provincial Parks.
Recreation Areas
By Order in Council, Cabinet can create a Recreation Area to support outdoor recreation opportunities for present and future generations. The Minister is responsible for managing Recreation Areas. Cabinet can increase or decrease the size of a Recreation Area by order. With Cabinet’s permission, the Minister can purchase or acquire land to create or increase a Recreation Area’s size.
Section 7 Designations
By regulation, the Minister can protect an area under section 7 of the Provincial Parks Act, which allows the government to protect lands while deciding whether the lands will be used to create or expand a Provincial Park or Recreation Area. In this instance, the land is temporarily protected so that it is not negatively impacted or harmed while long-term decisions are being made.
Agreements
While the Provincial Parks Act does not expressly support shared management or decision-making authority, the Government of Alberta collaborated with Indigenous communities to establish Kitaskino Nuwenëné Wildland Provincial Park.
Originally proposed by the Mikisew Cree First Nation, the Park supports traditional uses and cultural wellbeing and protects cultural keystone species, including the Ronald Lake bison herd. A cooperative management approach has yet to be developed, but Alberta Parks and interested Indigenous communities and organizations are currently engaged in a collaborative planning process (at the time of publication).
Alberta Parks notes that objectives of this approach could include:
- Maintaining and supporting traditional use activities;
- Protecting and preserving traditional use sites, cultural areas, and historic resources;
- Exploring economic and employment opportunities; and
- Potential Indigenous Guardian Program opportunities.
Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act
Table: Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act In-Depth
| Wilderness Area | Ecological Reserve | Natural Area | Heritage Rangeland | |
|---|---|---|---|---|
| Legislation | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act | Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act |
| Responsible Government Department | Environment and Parks | Environment and Parks | Environment and Parks | Environment and Parks |
| Overall Goals and Values | Protect natural heritage while supporting sustainable outdoor recreation | Protect unique and significant ecosystems while supporting scientific research and education (s. 4(1)) | Protect sensitive or scenic ecosystems while supporting low intensity outdoor recreation and education (s. 4.01(1)) | Preserve rangeland using grazing to maintain grassland ecology (s. 4.1) |
| Establishment | N/A | Order in Council s. 4(1)) | Order in Council (s. 4.01(1)) | Order in Council (s. 4.1) |
| Strength of Protection (Based on IUCN Protected Area Categories) | Ib Wilderness Area | Ia Strict Nature Reserve | Ib Wilderness Area | Vi Protected area with sustainable use of natural resources |
| Decision-Making Authority | Minister responsible for management – can allow other persons to carry out management programs (s. 5) | Minister responsible for management – can allow other persons to carry out management programs (s. 5) | Minister responsible for management – can allow other persons to carry out management programs (s. 5) | Minister responsible for management – can allow other persons to carry out management programs (s. 5) |
| Hunting | Prohibited (s. 8(1)(b)) | Prohibited (s. 8(1)(b)) | With licence (with exceptions) | Dependent on access |
| Fishing | Prohibited (s. 8(1)(c)) | Prohibited (s. 8(1)(c)) | With licence | Dependent on access |
| Trapping | Prohibited (s. 8(1)(b)) | Prohibited (s. 8(1)(b)) | With permit | Dependent on access |
| Development | No development allowed (s. 7(3)) | No development allowed (s. 7(3)) | Largely undeveloped | Construction with permit (s. 8(1)(k)) |
| Natural Resource Extraction | No timber harvesting, petroleum or natural gas extraction, or mining (s. 7(1)(a)) | No timber harvesting, petroleum or natural gas extraction, or mining (with exceptions) (ss. 6(3), 7) | Timber harvesting (with permit) (s. 7.1) | Mining (with permit) (s. 7.2(2)) |
| Access | Foot access only (s. 8(1)(a)) | No motor vehicle access (s. 8(1)(g.1)) | Motor vehicle and off-highway vehicle access in certain areas | Limited access |
| Activities Allowed | Scientific research (with permit) (s. 4(1)) | Low-impact outdoor recreation (with exceptions)
Scientific research and educational activities |
Low-intensity outdoor recreation (s. 4.01) | Livestock grazing (s. 7.2) |
| Activities Prohibited | Removing or destroying plants, animals, or natural objects (unless permitted) (s. 8(1)(f))
Destroying or damaging land, water, plants, or animals (unless permitted) (s. 10) |
Removing or destroying plants, animals, or natural objects (unless permitted) (s. 8(1)(f))
Destroying or damaging land, water, plants, or animals (unless permitted) (s. 10) Camping (s. 8(1)(i)) |
Destroying or damaging land, water, plants, or animals (unless permitted) (s. 10) | Removing or destroying plants, animals, or natural objects (unless permitted) (s. 8(1)(f))
Destroying or damaging land, water, plants, or animals (unless permitted) (s. 10) |
The Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act (referred to below as ‘the Act’) recognizes that protecting the natural environment for the benefit and enjoyment of future generations is in the public interest. To achieve this goal, the Act creates four types of protected areas:
- Wilderness Areas
- Ecological Reserves
- Natural Areas
- Heritage Rangelands
The Minister of Environment and Parks (referred to below as ‘the Minister’) can carry out programs or measures to support the protection and management of the four types of protected areas.
Wilderness Areas
The legislative authority to create new Wilderness Areas no longer exists. However, Wilderness Areas have been created to protect natural ecosystems while “providing opportunities for non-consumptive, nature-based outdoor recreation.” Alberta Parks notes that Alberta’s three Wilderness areas “are among the most strictly protected areas in Canada.”
Ecological Reserves
By Order in Council, Cabinet can create an Ecological Reserve on any land that is:
- “…suitable for scientific research associated with the studies of natural ecosystems;”
- Representative of Alberta’s natural ecosystems;
- “…an example of an ecosystem that has been modified by humans and that offers an opportunity to study the recovery of the ecosystem from that modification;”
- Home to rare or endangered native species; or
- Home to unique or rare biological or physical features.
Ecological Reserves are created to strictly preserve and maintain natural ecosystems.
Natural Areas
By Order in Council, Cabinet can create a Natural Area to:
- Protect sensitive or scenic ecosystems; and
- Protect ecosystems in their natural state for public use and benefit, including nature appreciation, low-intensity outdoor recreation, and education.
Natural Areas usually protect small areas of land and have few public facilities.
Heritage Rangelands
By order, Cabinet can create a Heritage Rangeland to protect and maintain grasslands through sustainable grazing practices.
Agreements
The Act does not directly state that shared decision-making or authority is supported, but the Minister can allow “other persons” to carry out programs or measures to support the protection and management of Wilderness Areas, Ecological Reserves, Natural Areas, and Heritage Rangelands. Allowing “other persons” to support the management of these areas creates a potential space for Indigenous leadership.
Historical Resources Act
Table: Historical Resources Act In-Depth
| Historic Site | |
|---|---|
| Legislation | Historical Resources Act |
| Responsible Government Department | Culture and Status of Women |
| Overall Goals and Values | Preserve historical resources while supporting their study, interpretation, and appreciation (s. 2) |
| Establishment | Ministerial Order (s. 20(1)) |
| Strength of Protection (Based on IUCN Protected Area Categories) | III Natural Monument or Feature
V Protected Landscape |
| Decision-Making Authority | Minister responsible for management – can appoint committee (s. 8(1)) or cooperate with organizations (s. 16(h)) to support |
| Hunting | Site-specific |
| Fishing | Site-specific (s. 22(d)(ii)) |
| Trapping | Site-specific |
| Development | Site-specific (s. 22(d)(ii)) |
| Natural Resource Extraction | Site-specific (s. 22(d)(ii)) |
| Access | Site-specific (s. 22(d)(ii)) |
| Activities Allowed | Site-specific (s. 22(d)(ii)) |
| Activities Prohibited | Altering, disturbing, or destroying the site (unless permitted) (s. 20(9)(a)) |
The Historical Resources Act defines a Historic Resource as “any work of nature or of humans that is primarily of value for its palaeontological, archaeological, prehistoric, historic, cultural, natural, scientific or esthetic structure including…a palaeontological, prehistoric, historic or natural site, structure or object.”
A Historic Site is “any site that includes or consists of an [Historic Resource]…and includes a prehistoric, historic or natural site….”
By ministerial order, the Minister of Culture and Status of Women (“the Minister”) can create a Historic Site in the public interest and purchase or acquire a site to support its protection.
Agreements
The Minister can appoint a committee to support in exercising their responsibilities under the Historical Resources Act. They can cooperate with “other agencies, societies or persons” to carry out a program that is “likely to promote or enhance the preservation [or] protection of” Historic Sites.