Overview

Manitoba legislation includes types of protected area designation: provincial parks, provincial park reserves, wilderness parks, and ecological reserves. Provincial parks are further divided into several classes and categories, based on their purpose, level of protection, and permitted activities. One of these categories is an Indigenous Traditional Use Park, which is examined in the table below given its potential applicability to IPCAs.

The first chart in this section evaluates provincial parks, wilderness parks, Indigenous traditional use parks, and ecological reserves based on the three characteristics of IPCAs. It also identifies some overall advantages and disadvantages of these designations for the creation of IPCAs.

None of the designations in Manitoba law allow for sole Indigenous leadership in managing IPCAs. However, Manitoba is one of few regions with a protected area designation enshrined in law that facilitates co-management and allows for Indigenous stewardship and traditional practices.

Following this overall survey, this section delves into more detail on each of the four protected area designations. The in-depth charts in this section present information on what activities are permitted and prohibited in each area. They also outline the process for creating them each designation. Additional designations, such as heritage sites and wildland management areas, are briefly described.

Provincial Parks

The Provincial Parks Act recognizes the importance of managing Provincial for sustainable development and to protect natural lands and Manitobans’ quality of life. Provincial Parks are intended to be maintained for present and future generations.

By regulation, Cabinet can create a Provincial Park for a variety of purposes, including:

• Protecting ecosystems and biodiversity;
• Preserving natural and cultural heritage resources; and
• Providing recreational and educational opportunities.

With Cabinet’s permission, the Minister of Environment, Climate and Parks (“the Minister”) can purchase or acquire land to create or increase the area of a Provincial Park.

Each Provincial Park must be classified and categorized in the regulations. Furthermore, the Minister must consult with the public before deciding on a classification and categorization.

Classification and categorization may limit what kind of activities are permitted in the park. For example, mining and hydro-electric power generation is prohibited in parks within the wilderness, backcountry, and heritage categories.

Park Classifications:

• Wilderness Park
  • Main Purpose: To preserve representative natural areas.
• Natural Park
  • Main Purpose: To preserve natural areas and support recreation and resource use.
• Recreation Park
  • Main Purpose: To provide recreational opportunities.
• Heritage Park
  • Main Purpose: To protect resources of cultural or heritage value.
• Indigenous Traditional Use Park
  • Main Purpose: To preserve land traditionally used by and significant to Indigenous Peoples.

Park Categories:

• Wilderness Category
  • Main Purpose: To protect natural landscapes in an undisturbed state and provide associated recreational opportunities.
• Backcountry Category
  • Main Purpose: To protect natural landscapes and provide facilities to support nature-based recreation.
• Resource Management Category
  • Main Purpose: To support commercial resource development while protecting natural areas.
• Heritage Category
  • Main Purpose: To protect resources of cultural or heritage value.
• Access Category
  • Main Purpose: To provide routes of access or facilities for travellers.
• Indigenous Heritage Category
  • Main Purpose: To protect sites of cultural, spiritual, or heritage significance to Indigenous Peoples.

Although classifications and categories restrict some activities, the Minister and Cabinet can still use their discretion to permit or prohibit activities in parks through regulations. These regulations could be used, for example, to tailor permitted activities in Indigenous Traditional Use Parks.

An example of an Indigenous Traditional Use Park is Chitek Lake Anishinaabe Provincial Park. This park was established in 2014 after Skownan First Nation submitted a proposal. It is a non-operational park, with no dedicated budget supporting operations or management.

In 2016, Manitoba signed a Memoranda of Understanding (MOU) with Skownan First Nation to develop a management plan, explore models for cooperative management, and explore options for boundary expansions to reflect other lands that Skownan First Nation views as important.

This work is ongoing. The park currently protects wildlife habitat, including a rare herd of wood bison, and is used by community members for hunting, fishing and small-scale logging. Skownan First Nation calls the park “a place of peace and freedom for our people and the bison.”

Park Reserves

By regulation, Cabinet can create a Park Reserve to temporarily protect lands while deciding whether they should be transformed into a Provincial Park. These Reserves are initially protected for six months, during which time the Minister must provide opportunities for public consultation on the future of the lands.

Little Limestone Lake Provincial Park was established as a Park Reserve in 2007. In 2011, Manitoba signed an MOU with Mosakahiken Cree Nation to work towards protection and co-management. Little Limestone Lake was transformed into a non-operational Provincial Park in 2011. While a management plan was co-developed with Mosakahiken Cree Nation in 2013, it has not yet been implemented (at the time of publication).

Agreements and Delegation

The Minister can appoint advisory committees to provide advice and recommendations regarding Provincial Parks. The Minister can also delegate any power or duty under The Provincial Parks Act to “the director or any other person.” While this seems to suggest that powers or duties under The Provincial Parks Act could be delegated to Indigenous governments or communities, section 30.1 specifies that the Minister may authorize “a person not employed by the government” to undertake a task, suggesting that “any other person” in section 30 refers only to government employees.

Ecological Reserves

Under the Ecological Reserves Act, Ecological Reserves are protected to:

• Provide opportunities to study Manitoba’s ecological features;
• Provide opportunities for public enjoyment and educational and aesthetic benefits; and
• Protect the natural environment, including:
  1. Protect unique and rare botanical, zoological, and geological features;
  2. Protect habitat for rare and endangered native species;
  3. Protect representative natural ecosystems; and
  4. Provide opportunities to study ecosystem recovery.

By regulation, Cabinet can create an Ecological Reserve. The Minister can purchase or acquire land to create an Ecological Reserve. The Minister can also cancel an Ecological Reserve in the public interest.

The Minister of Environment, Climate and Parks (“the Minister)” must appoint a Director of Ecological Reserves to manage the Ecological Reserve system.

With Cabinet’s permission, the Minister can enter into agreements to support the management of Ecological Reserves. The Minister can also submit a request to the Endangered Species, Ecosystems and Ecological Reserves Advisory Committee to make recommendations for future Ecological Reserves based on public submissions.

Under the Heritage Resources Act, the Minister of Sport, Culture and Heritage (“the Minister”) can, through regulation, create Heritage Sites that represent:

• The historic or prehistoric development of the province or its peoples; or
• The natural history of the province.

Heritage Sites can only be developed after conducting a Heritage Resource Impact Assessment to ensure that the development is consistent with the continued protection of the Site.

With Cabinet’s permission, the Minister can purchase or acquire a Heritage Site and can enter into an agreement with “any person, group, society, organization … government or other body” to support:

• Program coordination;
• Public information-sharing;
• Research programs; and
• Restoration and preservation programs.

Under the Wildlife Act and by regulation, Cabinet can create Wildlife Management Areas, Wildlife Refuges, and Game Bird Refuges to support the management, conservation, and/or enhancement of wildlife populations.

The Minister of Natural Resources and Northern Development (“the Minister”) can purchase or acquire land to create Wildlife Management Areas, Wildlife Refuges, and Game Bird Refuges.

Wildlife Refuges and Game Bird Refuges protect species from hunting. Wildlife Management Areas, on the other hand, are intended to support wildlife and people. As quoted by the Manitoba department of Natural Resources and Northern Development:

“They play an important role in biodiversity conservation and provide for a variety of wildlife-related forms of recreation, including birding and wildlife watching. Hunting and trapping are generally permitted in Wildlife Management Areas, but these activities can be prohibited or restricted in a few areas. The use of vehicles…can be restricted in some areas.”

The East Side Traditional Lands Planning and Special Protected Areas Act (“the Act”) only applies to the area east of Lake Winnipeg. Yet, it provides an example of collaborative land use and resource management planning that could be used as a template in other regions.

The Act has two main objectives:

• “[D]eveloping a new government-to-government relationship between the Wabanong Nakaygum Okimawin (East Side) First Nations and the government arising out of the east side planning initiative;” and
• “[I]mplementing the goals and objectives of the Wabanong Nakaygum Okimawin Council of Chiefs Accord dated April 3, 2007, in accordance with the principles set out in that accord.”

The two main purposes of the Act are to:

• “…enable First Nations and aboriginal communities on the east side of Lake Winnipeg to engage in land use and resource management planning for designated areas of Crown land that they have traditionally used;” and
• “…provide designated areas of Crown land on the east side of Lake Winnipeg with special protection from development and other activities that might occur on that land.”

The Act is informed by seven main principles, including:

• Voluntary:
  • The Act only applies to those First Nations who “opt-in.”
• Aboriginal and Treaty Rights Respected:
  • All Crown decisions must respect Aboriginal and Treaty rights.
• Consistent with Wabanong Nakaygum Okimawin Council of Chiefs Accord
  • The Act enshrines the goals, objectives, and principles of the Accord.
• Government-to-Government Relations Respected:
  • All decisions are made jointly by First Nations and the provincial government.
• Existing Uses:
  • No First Nation will be forced to accept any existing land uses.
  • The Act helps to assess if past decisions to grant permission were fair and reasonable.
• Planning Outside the Act:
  • First Nations can continue to participate in land use planning through existing provincial laws.
• Public Interest and Consultation:
  • Management plans can only be amended if Cabinet determines that the amendment is in the public interest or has fully and meaningfully consulted with affected First Nations before making the decision.

The Ministry of Natural Resources and Northern Development (“the Ministry”) is responsible for administering the Act. Indigenous governments and communities can submit requests to create a planning area under the Act. Once the Ministry has received a request, a Planning Council can be created to develop a management and development plan for the requested planning area.

Before a planning area is created by regulation, the Ministry must provide opportunities for Indigenous and public participation and consultation.

The Planning Council can develop a management and development plan that:

• Allows the management, use, and sustainable development of Crown land and resources;
• Identifies zones in the planning area and describes the activities that will be permitted, restricted, and/or prohibited in each zone;
• Makes recommendations regarding plan implementation; and
• Addresses any other relevant matters.

When drafting the management and development plan, the Planning Council must consider the following factors:

• The natural resources in the planning area;
• The environmental features of the planning area;
• Traditional uses of the land by members of First Nations and Indigenous communities;
• Cultural and social priorities, including protecting sites with religious, spiritual, or archaeological significance;
• Exercising Aboriginal and Treaty rights in the planning area;
• Economic development needs;
• Pre-existing and pre-approved land and resource uses in the planning area;
• Provincial land use policies; and
• Information received from required public meetings and consultation.

The Planning Council is responsible for the management plan. The Minister of Natural Resources and Northern Development (“the Minister”) can require the Planning Council to hold public meetings, provide the Minister with drafts of the plan, and comply with any ministerial directions regarding the management plan.

Cabinet may approve the management plan by Order in Council, but only after:

• Every First Nation and Indigenous community that requested the creation of the planning area has approved the management plan; and
• The Minister has consulted with First Nations and Indigenous communities that have traditionally used lands in the planning area.

Once a management plan has been created for a planning area, all provincial government decisions in that area must align with the management plan. The Cabinet can strengthen the management plan by enacting regulations to support the outlined planning requirements.

The Minister can also enter into agreements with First Nations or Indigenous communities to create a Resource Management Board. The Resource Management Board can provide advice and recommendations on land use and resource management issues.

A limitation of this Act is that it only applies to “Crown land that is not located in a municipality or local government district or within the boundaries of a community or settlement…under The Northern Affairs Act.”