Overview
Newfoundland and Labrador legislation includes three main types of protected area designation: provincial parks, wilderness reserves, and ecological reserves.
The first chart in this section evaluates each of the three designations based on the characteristics of IPCAs as outlined by the Indigenous Circle of Experts (ICE). It also identifies the overall advantages and disadvantages of each designation for the creation of IPCAs.
None of the designations allow for sole Indigenous leadership in managing IPCAs. However, Newfoundland and Labrador law does allow the Minister to create advisory committees or councils to support the management of protected areas. These committees or councils are intended to facilitate public consultation and input into the creation of parks.
In the case of reserves, the advisory council also recommends management decisions to the Minister. The potential for explicit co-management agreements under the law remains unclear.
Following this overall survey, this section offers more detail on each of the three protected area designations. These charts present information on what activities are permitted and prohibited in each area. They also outline the process for creating them. Additional designations, such as provisional reserves, public reserves, and historical sites are also briefly described.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Provincial Parks Act and Wilderness and Ecological Reserves Act
| Provincial Park | Wilderness Reserve | Ecological Reserve | |
|---|---|---|---|
| Legislation | Provincial Parks Act | Wilderness and Ecological Reserves Act | Wilderness and Ecological Reserves Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Established by order – less permanent regulation or in an Act | Established by order – less permanent regulation or in an Act | Established by order – less permanent than regulation or in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Lieutenant Governor in Council may appoint advisory committee to support management | Wilderness and Ecological Reserves Advisory Council supports management | Wilderness and Ecological Reserves Advisory Council supports management |
| Advantages | Relatively strong baseline protections | Strong baseline protections
Temporary protections available Clear nomination process |
Strong baseline protections
Temporary protections available Clear nomination process |
| Disadvantages | May be decreased by order – impermanent protections | Focused on protection to the exclusion of humans | Focused on protection to the exclusion of humans |
Provincial Parks Act
Table: Provincial Parks Act In-Depth
| Provincial Park | |
|---|---|
| Legislation | Provincial Parks Act |
| Responsible Government Department | Tourism, Culture, Arts and Recreation |
| Overall Goals and Values | Conserve and manage natural ecosystems and provide recreational opportunities |
| Establishment | Order in Council (s. 4(1)) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park |
| Decision-Making Authority | Minister responsible for management (s. 5(1)). The Lieutenant Governor in Council may appoint an advisory committee (s. 7) |
| Hunting | Prohibited (with exceptions) |
| Fishing | With licence |
| Trapping | Prohibited (with exceptions) |
| Development | No private cottages (s. 4(5)) |
| Natural Resource Extraction | No mineral exploration, mining, logging, or hydroelectric development (s. 4(5)) |
| Access | Motor vehicle and off-highway vehicle access (with permit) |
| Activities Allowed | Outdoor recreation activities |
| Activities Prohibited | Scientific research (unless permitted) |
Under the Newfoundlad and Labrador Provincial Parks Act, Cabinet can create or increase or decrease the area of a Provincial Park through an Order in Council. Cabinet can purchase or acquire land to create or increase the area of a Provincial Park.
The Minister of Tourism, Culture, Arts and Recreation (“the Minister”) is responsible for managing Provincial Parks. Cabinet can appoint an advisory committee to provide the Minister with advice and recommendations regarding Provincial Park management.
Wilderness and Ecological Reserves Act
Table: Wilderness and Ecological Reserves Act In-Depth
| Wilderness Reserve | Ecological Reserve | Provisional Reserve | |
|---|---|---|---|
| Legislation | Wilderness and Ecological Reserves Act | Wilderness and Ecological Reserves Act | Wilderness and Ecological Reserves Act |
| Responsible Government Department | Environment and Climate Change | Environment and Climate Change | Environment and Climate Change |
| Overall Goals and Values | Protect undisturbed wilderness (s. 4) | Protect representative or unique ecosystems while supporting scientific research (s. 5) | Temporarily protect lands that may be included in future Wilderness or Ecological Reserve |
| Establishment | Order in Council (s. 4) | Order in Council (s. 5) | Order in Council (s. 14) |
| Strength of Protection (Based on IUCN Protected Area Categories) | Ib Wilderness Area | Ia Strict Nature Reserve | Temporary |
| Decision-Making Authority | Minister responsible for management (s. 20) – Wilderness and Ecological Reserves Advisory Council established to provide advice (s. 6) | Minister responsible for management (s. 20) – Wilderness and Ecological Reserves Advisory Council established to provide advice (s. 6) | Minister responsible for management (s. 20) – Wilderness and Ecological Reserves Advisory Council established to provide advice (s. 6) |
| Hunting | With permit | Prohibited (with exceptions) | Dependent on order (s. 24) |
| Fishing | With permit | Prohibited (with exceptions) | Dependent on order (s. 24) |
| Trapping | With permit | Prohibited (with exceptions) | Dependent on order (s. 24) |
| Development | Prohibited (s. 24(a)(i)) | Prohibited (s. 24(a)(i)) | Prohibited (s. 24(a)(i)) |
| Natural Resource Extraction | No logging, agriculture, or mining (s. 24(1)(a)(ii))
No aggregate extraction |
No logging, agriculture, or mining (s. 24(1)(a)(ii))
No aggregate extraction |
No logging, agriculture, or mining (s. 24(1)(a)(ii)) |
| Access | No motorized access (s. 24(2)(a)); off-highway vehicle access in certain Reserves
Visitor access with permit |
No motorized access (s. 24(2)(a))
Visitor access may be limited |
Dependent on order (s. 24) |
| Activities Allowed | Low-impact outdoor recreational activities
Scientific research (with permit) |
Low-impact outdoor recreational activities (may be limited)
Scientific research and educational activities (with permit) |
Dependent on order (s. 24) |
| Activities Prohibited | Changing the flow of water entering a Reserve (s. 24(1)(b))
Removing or destroying plants, animals, or natural objects Camping |
Changing the flow of water entering a Reserve (s. 24(1)(b))
Removing or destroying plants, animals, or natural objects (s. 24(3)(b)) Camping Grazing (unless permitted) |
Dependent on order (s. 24)
Changing the flow of water entering a Reserve (s. 24(1)(b)) |
In addition to the Wilderness and Ecological Reserves Act (“the Act”), management of Wilderness Reserves and Ecological Reserves in Newfoundland and Labrador is guided by the following vision:
“To protect, in an unimpaired condition, large wilderness areas, representative areas of all provincial ecoregions, and areas that contain rare natural phenomena, in order to preserve the diversity and distinctiveness of the Province’s rich natural heritage and to support an ecologically sustainable future for the benefit of present and future generations.”
Wilderness Reserves
By Order in Council, Cabinet can create a Wilderness Reserve in an area of the Province that experiences “no or little human activity” for one of three purposes:
- To protect wilderness and provide areas for people to visit and engage in outdoor recreation and nature appreciation;
- To provide undisturbed areas for species; or
- To protect ecosystems “with primitive or extraordinary characteristics.”
Cabinet can increase or decrease the area of a Wilderness Reserve based on the recommendations of the Wilderness and Ecological Reserves Advisory Council (see below).
Ecological Reserves
Ecological Reserves are generally subject to stronger protections than Wilderness Reserves. By Order in Council, Cabinet can create an Ecological Reserve to protect representative or unique ecosystems for several purposes:
- To support scientific research and environmental education;
- To protect habitat for rare or endangered species;
- To preserve relatively undisturbed environments from development;
- To provide opportunities to study ecosystem recovery;
- To preserve rare botanical, zoological, geological, or geographical characteristics; or
- To protect species in their natural habitats.
Cabinet can increase or decrease the area of an Ecological Reserve based on the recommendations of the Wilderness and Ecological Reserves Advisory Council (see below).
Ecological Reserves can be categorized by regulation. There are three categories of Ecological Reserves:
- Botanical Ecological Reserves: Protect rare plants and animals.
- Fossil Ecological Reserves: Protect globally significant fossils and rock formations.
- Seabird Ecological Reserves: Protect seabird colonies.
Wilderness and Ecological Reserves Advisory Council (WERAC)
The Wilderness and Ecological Reserves Advisory Council (WERAC) provides advice to the Minister of Environment and Climate Change (“the Minister”) regarding the creation, management, and cancellation of Wilderness and Ecological Reserves. More than half of the members of the WERAC must be representatives of the public.
The WERAC can determine areas across Newfoundland and Labrador that are suitable for the creation of a Wilderness or Ecological Reserve and can accept public recommendations using the following process.
Reserve Nomination Process
The following process is followed after a public proposal for the creation of a new Wilderness or Ecological Reserve:
- Step 1: Proposal received by WERAC
- Proposal may be rejected at this stage.
- Step 2: WERAC conducts preliminary review
- WERAC meets with person or group submitting proposal, conducts site visit and investigation, holds meetings with community representatives and residents, and prepares a preliminary report.
- Proposal may be rejected at this stage.
- Step 3: Government reviews proposal
-
- Government identifies outstanding land use issues and meets with WERAC to clarify and attempt to resolve these issues.
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- Step 4: Proposal reviewed by community representatives and residents
- WERAC holds public meetings to inform the public of the proposal and to clarify and attempt to resolve outstanding land use issues.
- Step 5: WERAC conducts second review
- WERAC approves or rejects suggested revisions, updates preliminary report, and drafts submission to government.
- Proposal may be rejected at this stage.
- Step 6: Government recommends Cabinet establish Provisional Reserve (see below)
- Proposal may be rejected at this stage.
- Step 7: Provisional Reserve established
- Step 8: Preliminary management plan drafted
- Step 9: Public notice published
- Members of the public must provide written notice if they wish to participate in the public hearing.
- Step 10: Minister schedules public hearing
- Step 11: WERAC hosts public hearings
- WERAC drafts final report and prepares government submission.
- Step 12: WERAC submits final recommendation to government
- Step 13: Reserve established, or proposal rejected
Provisional and Emergency Reserves
Once the WERAC has recommended the establishment of a Wilderness or Ecological Reserve, the Minister must prepare a description of the Reserve and its purposes. After receiving the Minister’s description, Cabinet can make an order creating a Provisional Reserve. This ensures that the area is protected while long-term management decisions are made.
If Cabinet creates a Provisional Reserve, the WERAC must hold a public hearing to discuss the potential creation of a Wilderness or Ecological Reserve.
Based on the outcomes of this public hearing, the WERAC can recommend:
- Creating a Wilderness or Ecological Reserve; or
- Cancelling the Provisional Reserve.
By ministerial order, the Minister can create an Emergency Reserve to protect:
- An area that is being examined by the WERAC; or
- An area that has not yet been recommended as a Provisional Reserve to ensure that the area is not negatively impacted.
Other Protected Areas
Lands Act
Under the Lands Act and by ministerial order, the Minister of Municipal and Provincial Affairs (“the Minister”) can create a Public Reserve “for the purpose and the period set out in the order.”
For example, the Glover Island Public Reserve was created to protect the habitat of the Newfoundland Marten for ten years. During this period, anyone wishing to participate in construction, commercial development, and/or natural resource extraction in the Reserve must receive a permit issued by the Minister.
Historic Resources Act
By Order in Council and based on the Minister of Tourism, Culture, Arts and Recreation (“the Minister”)’s recommendation, Cabinet can create a Provincial Historic Site to protect an area of historical significance. The Minister can also purchase or acquire lands to create a Provincial Historic Site.
Once created, no one can damage, alter, or remove anything from a Provincial Historic Site without the Minister’s permission. The Minister must create and maintain a Provincial Registry of Historic Resources that includes Provincial Historic Sites. The Minister can only remove a Provincial Historic Site from the Registry with Cabinet’s permission.