Overview
New Brunswick legislation offers three main types of protected area designation: provincial parks, Class I protected areas, and Class II protected areas.
The first chart in this section evaluates provincial parks and the two classes of protected areas based on the three characteristics of IPCAs as outlined by the Indigenous Circle of Experts (ICE). The first chart also identifies some overall advantages and disadvantages of each protected area designation for the creation of IPCAs.
None of the designations allow for sole Indigenous leadership in managing IPCAs. However, New Brunswick law does allow the Minister to enter into agreements and create committees to support the management of protected areas. This power could be used in the context of an IPCA, although there are currently no examples in the province.
Following this overall survey, this section provides more detail on each of the three 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 each designation. Additional designations, such as provincial heritage places and wildland management areas, are also briefly described.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Parks Act and Protected Natural Areas Act
| Provincial Park | Class I Protected Area | Class II Protected Area | |
|---|---|---|---|
| Legislation | Parks Act | Protected Natural Areas Act | Protected Natural Areas Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Included in legislation – requires legislative amendment to remove protections | Established by regulation – less permanent than in an Act | Established by regulation – less permanent than in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Minister may enter into agreements and create advisory committees to support management | Minister may enter into agreements and create advisory committees to support management | Minister may enter into agreements and create advisory committees to support management |
| Advantages | Relatively strong baseline protections | Strict protections | Strong baseline protections |
| Disadvantages | Focus on recreation | Protections less permanent than Provincial Parks
Focused on protection to the exclusion of humans |
Protections less permanent than Provincial Parks |
Parks Act
Table: Parks Act In-Depth
| Provincial Park | |
|---|---|
| Legislation | Parks Act |
| Responsible Government Department | Natural Resources and Energy Development |
| Overall Goals and Values | Permanently protect ecosystems and provide recreational, educational, and natural and cultural heritage appreciation opportunities (s. 3) |
| Establishment | Legislation (s. 1) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park |
| Decision-Making Authority | Minister responsible for management (s. 10(1)) – may enter into agreements and create advisory committees to support (ss. 10(2)(e), 10(2)(e.1)) |
| Hunting | Prohibited |
| Fishing | With licence (with exceptions) |
| Trapping | Prohibited |
| Development | Construction by agreement |
| Natural Resource Extraction | Dependent on resource management plan (s. 10.1)
No mining or quarrying (s. 22) No timber harvesting No aggregate extraction |
| Access | Motor vehicle and off-highway vehicle access (with permit) |
| Activities Allowed | Outdoor recreation activities |
| Activities Prohibited | Removing vegetation or natural objects or impacting a body of water (unless permitted) |
Provincial Parks
Under the New Brunswick Parks Act, the Minister of Natural Resources and Energy Development (“the Minister”) can create a Provincial Park by regulation. The approval of Cabinet is required if the value of the land exceeds $15,000. Cabinet generally retains the power to make regulations respecting the use, classification and management of parks. Provincial Parks are dedicated to present and future generations for four purposes:
- To permanently protect the environment and natural and cultural heritage;
- To provide recreational and educational opportunities;
- To encourage appreciation of New Brunswick’s natural and cultural heritage; and
- To create tourist destinations
The Minister must prepare a resource management plan for each Provincial Park at least once every ten years. Additionally, the Parks Act must be reviewed at least once every ten years.
Agreements
The Minister is responsible for managing Provincial Parks. The Minister can create an advisory committee, including members of First Nations, to provide advice and recommendations on Provincial Park management. This amendment was introduced in 2014.
Protected Natural Areas Act
Table: Protected Natural Areas Act In-Depth
| Class I Protected Area | Class II Protected Area | |
|---|---|---|
| Legislation | Protected Natural Areas Act | Protected Natural Areas Act |
| Responsible Government Department | Natural Resources and Energy Development (s. 1) | Natural Resources and Energy Development (s. 1) |
| Overall Goals and Values | Protect ecosystems, species, and plants while providing opportunities for low-impact outdoor recreation, educational activities, and scientific research (s. 3) | Protect ecosystems, species, and plants while providing opportunities for low-impact outdoor recreation, educational activities, and scientific research (s. 3) |
| Establishment | Regulation (s. 5) | Regulation (s. 5) |
| Strength of Protection (Based on IUCN Protected Area Categories) | Ia Strict Nature Reserve | Ib Wilderness Area |
| Decision-Making Authority | Minister responsible for management – may enter into agreements to support
Minister may also establish Local Advisory Committee |
Minister responsible for management – may enter into agreements to support
Minister may also establish Local Advisory Committee |
| Hunting | Prohibited (s. 11(b)) | With licence |
| Fishing | Prohibited (s. 11(b)) | With licence |
| Trapping | Prohibited (s. 11(b)) | With permit |
| Development | Road construction for access purposes (s. 17(1)) | Road construction for access purposes (s. 17(1)) No other construction allowed (s. 12(a)(viii)) |
| Natural Resource Extraction | Prohibited (s. 11(b)) | No forestry, mineral exploration or mining, boring or drilling, quarrying, or gas or petroleum exploration or development (s. 12(a)) |
| Access | No access (unless permitted) (s. 11(a)) | No motor vehicle access (with exceptions) |
| Activities Allowed | Scientific research or educational activities (with permit) (s. 15(1)) | Scientific research or educational activities (with permit) (s. 15(1))
Low-impact ecotourism activities |
| Activities Prohibited | No activities allowed (s. 11(b)) | Agriculture, aquaculture, or industrial or commercial activities (s. 12(a))
Removing or destroying plants, animals, or natural objects (s. 12(a)(xiii)) |
Under the Protected Areas Act and by regulation, Cabinet can create a Protected Natural Area to protect biodiversity and the natural environment by conserving and managing lands that:
- Are representative of natural ecosystems throughout New Brunswick;
- Contain unique relationships between plant and animal species;
- Provide habitat for rare or endangered native species;
- Contain ecologically sensitive species or habitats;
- Feature unique or rare botanical, zoological, or geological phenomena;
- Offer opportunities to study ecosystem recovery; and/or
- Provide opportunities for low-impact outdoor recreation, educational activities, and scientific research.
A Protected Natural Area can be either a Class I Protected Natural Area or a Class II Protected Natural Area:
- Class I Protected Natural Area:
- Requires complete protection due to ecological sensitivity of protected features.
- Class II Protected Natural Area:
- Supports low-impact recreational activities and traditional food gathering activities.
It is important to note that a Class 1 Protected Natural Area does not provide for the exercise of Indigenous harvesting rights. A Class 1 Protected Natural Area designation is an unlikely pathway for an IPCA.
The level of public consultation required before creating a Protected Natural Area is dependent on its size. For example, if the proposed Area is 750 hectares or less, then the Minister of Natural Resources and Energy Development (“the Minister”) can decide on the level of public consultation they believe to be necessary. If the proposed Area is greater than 750 hectares, then the Minister must begin consultation based on the requirements set out in the regulations.
On the Minister’s recommendation and by regulation, Cabinet can change the boundaries of, or cancel, a Protected Natural Area if “the lands are no longer suitable for the purpose of this Act.”
Before changing the boundaries of a Protected Natural Area, the Minister must conduct the level of public consultation they believe to be necessary.
Before cancelling a Protected Natural Area that is greater than 750 hectares in size, the Minister must begin consultation based on the requirements set out in the regulations.
The Minister is responsible for managing Protected Natural Areas.
The Minister can enter into an agreement with “one or more persons” to protect and manage a Protected Natural Area.
The Minister can also establish a Local Advisory Committee to provide community input and advice regarding the protection and management of a Protected Natural Area.
Other Protected Areas
Fish and Wildlife Act
Under the Fish and Wildlife Act and by regulation, the Minister of Natural Resources and Energy Development (“the Minister”) can create a Wildlife Refuge or Wildlife Management Area. Hunting and trapping are generally prohibited in Wildlife Refuges and Wildlife Management Areas.
The Minister is responsible for managing Wildlife Refuges and Wildlife Management Areas.
With Cabinet’s permission, the Minister can enter into an agreement with a person to provide for “the better use and management of the fish and wildlife” of New Brunswick.
Heritage Conservation Act
Under the Heritage Conservation Act, the Minister of Tourism, Heritage and Culture (“the Minister”) can create a Provincial Heritage Place through a ministerial order. The Minister can also create a Provincial Heritage Place based on their own initiative or based on a public application.
To be protected as a Provincial Heritage Place, the site must meet at least one of the following criteria:
- The site is “associated with a person, organization, event or theme that
- Had a significant impact on provincial heritage, or
- Illustrates an important aspect of human history in the Province;”
- The site is politically, socially, culturally, scientifically, or politically significant;
- The site offers information that significantly contributes to a broader understanding of New Brunswick’s history and heritage;
- The site is a “landmark of provincial significance;”
- The site is aesthetically, visually, or contextually important; or
- The site is a distinct or cultural landscape that is significant to the history of New Brunswick.
Once a site is protected as a Provincial Heritage Place, it can only be changed with the Minister’s permission.
The Minister is responsible for managing Provincial Heritage Places.