Overview
Northwest Territories legislation offers four main types of protected area designation: territorial parks, cultural conservation areas, heritage parks, and protected areas.
The first chart in this section evaluates these four designations based on the characteristics of Indigenous Protected and Conserved Areas (IPCAs) as outlined by the Indigenous Circle of Experts (ICE). It also identifies overall advantages and disadvantages of each designation for the creation of IPCAs.
The establishment process and management structure of protected areas allows for collaboration and co-management with Indigenous leadership.
The Protected Areas Act guarantees that Indigenous governments or Indigenous governance organization have a say in management decisions through negotiated establishment agreements.
Following this chart, this section offers more detail on each of the four protected area designations, with a special focus on protected areas. 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. Additional designations, such as conservation areas, are also briefly described.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Territorial Parks Act and Protected Areas Act
| Territorial Park | Cultural Conservation Area | Heritage Park | Protected Area | |
|---|---|---|---|---|
| Legislation | Territorial Parks Act | Territorial Parks Act | Territorial Parks Act | Protected Areas Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Established by regulation – less permanent than in an Act | Established by regulation – less permanent than in an Act | 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 or Superintendent may enter into agreement to support management | Minister or Superintendent may enter into agreement to support management | Minister or Superintendent may enter into agreement to support management | Legislation co-developed and areas co-managed with Indigenous Peoples
Minister must enter into Establishment Agreement with Indigenous governments or organizations |
| Advantages | Relatively strong baseline protections | Relatively strong baseline protections
Focus on intersections between culture and biodiversity |
Relatively strong baseline protections | Focus on intersections between culture and biodiversity
Clear nomination process Flexible, but strong, protections May support traditional or conservation economy opportunities |
| Disadvantages | Minimal prohibitions on industrial natural resource extraction | Prohibitions on industrial natural resource extraction optional | Minimal prohibitions on industrial natural resource extraction
Development permitted to provide services |
Joint management, not full IPCAs
Minister may bypass Establishment Agreement in certain circumstances Minister may reject proposal for protection |
Territorial Parks Act
Table: Territorial Parks Act In-Depth
| Territorial Park | Cultural Conservation Area | Heritage Park | |
|---|---|---|---|
| Legislation | Territorial Parks Act | Territorial Parks Act | Territorial Parks Act |
| Responsible Government Department | Industry, Tourism and Investment | Industry, Tourism and Investment | Industry, Tourism and Investment |
| Overall Goals and Values | Preserve natural habitat for future generations while offering recreational opportunities | Protect culturally significant sites or landscapes (s. 3(1)(a)) | Preserve and protect culturally or historically significant areas (s. 3(1)(b)) |
| Establishment | Regulation (s. 5) | Regulation (s. 5) | Regulation (s. 5) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park | V Protected Landscape/Seascape | III Natural Monument or Feature
V Protected Landscape/Seascape |
| Decision-Making Authority | Minister/Superintendent responsible for management (s. 7) – may enter into agreements to support (s. 6) | Minister/Superintendent responsible for management (s. 7) – may enter into agreements to support (s. 6) | Minister/Superintendent responsible for management (s. 7) – may enter into agreements to support (s. 6) |
| Hunting | Prohibited | Prohibited | Prohibited |
| Fishing | With licence | With licence | With licence |
| Trapping | With permit | With permit | With permit |
| Development | Dependent on purpose of protection (s. 3(2))
Construction (with permit) (ss. 8, 12) |
Dependent on purpose of protection (s. 3(2))
Construction (with permit) (ss. 8, 12) |
Development permitted to provide compatible service infrastructure and commercial enterprises (s. 4)
Construction (with permit) (ss. 8, 12) |
| Natural Resource Extraction | No timber harvesting | No timber harvesting
Natural resource extraction may be prohibited (s. 3(3)) |
Timber harvesting |
| Access | Motor vehicle access in certain areas (s. 13(1)(e)) | Motor vehicle access in certain areas (s. 13(1)(e)) | Motor vehicle access in certain areas (s. 13(1)(e)) |
| Activities Allowed | Scientific research with permit (s. 8(1)(d))
Outdoor recreational activities |
Scientific research with permit (s. 8(1)(d))
Outdoor recreational activities |
Scientific research with permit (s. 8(1)(d))
Outdoor recreational activities |
| Activities Prohibited | Damaging or destroying natural features (s. 13) | Damaging or destroying natural features (s. 13) | Damaging or destroying natural features (s. 13) |
Under the Territorial Parks Act and by regulation, the Minister of Industry, Tourism and Investment (“the Minister”) can create a Territorial Park. Before creating a Territorial Park, the Minister must consult with Indigenous governments, organizations, and bodies created under a Land Claims Agreement that might be affected by the Park’s creation. Additionally, the Minister must have the support of the Legislative Assembly before creating a Territorial Park.
There are four classes of Territorial Parks:
- Cultural Conservation Areas
- Main Purpose: To protect culturally significant sites or landscapes.
- Area can be developed for its protection.
- Industrial activity can be prohibited.
- Industrial activity “includes the harvesting of timber resources, any activity in respect of a mine or minerals, and any activity in respect of an energy resource such as oil, gas, or water.”
- Heritage Parks
- Main Purpose: To preserve and protect culturally or historically significant sites or landscapes.
- Park can be developed to provide services for interpretation and recreation.
- Heritage Parks must:
- Have the support of neighbouring communities;
- Promote cultural heritage;
- Be accessible to visitors;
- Be capable of supporting visitors; and
- Offer on-site interpretation and explanation
- Recreation Parks
- Main Purpose: To protect the environment while supporting recreational activities.
- Park can be developed to provide services for interpretation and recreation.[8]
- Wayside Parks
- Main Purpose: To provide services for the travelling public.
- Park can be developed to provide basic infrastructure and information for the travelling public.
Agreements and Delegation
The Minister can appoint a Superintendent to be responsible for Territorial Park management and to enforce the Territorial Parks Act. The Minister can also enter into agreements with “persons…societies, associations, partnerships, municipalities, or other bodies” to support the management of Territorial Parks.
Industrial activity “includes the harvesting of timber resources, any activity in respect of a mine or minerals, and any activity in respect of an energy resource such as oil, gas, or water.”
Protected Areas Act
Table: Protected Areas Act In-Depth
| Protected Area | |
|---|---|
| Legislation | Protected Areas Act |
| Responsible Government Department | Environment and Natural Resources |
| Overall Goals and Values | Protect biodiversity, ecological integrity, and cultural continuity (s. 2) |
| Establishment | Regulation (s. 17)
Indigenous governments or organizations can nominate areas for protection (s. 10(3)) |
| Strength of Protection | VI Protected area with sustainable use of natural resources |
| Decision-Making Authority | Minister responsible for management (s. 19)
Ministers must enter into Establishment Agreement with Indigenous governments or organizations (s. 14) |
| Hunting | Site-specific |
| Fishing | Site-specific |
| Trapping | Site-specific |
| Development | No energy developments (s. 35(2)) |
| Natural Resource Extraction | Artisanal (small scale) uses are permitted
Timber and non-timber forest product harvesting in certain circumstances (s. 31(2)) Aggregate extraction in certain circumstances (s. 33). No mineral exploration, mining, or oil and gas exploration or development (s. 35(2)) |
| Access | Site-specific |
| Activities Allowed | Site-specific
Sustainable tourism and traditional or conservation economy opportunities can be allowed |
| Activities Prohibited | Dependent on Establishment Agreement (ss. 14(3), 28(3))
Activities that negatively impact biodiversity, ecological integrity, or cultural continuity (s. 28(1)) Removing or destroying vegetation (with exceptions) (s. 31(1)) Agriculture (with exceptions) (s. 32) |
The Protected Areas Act recognizes that:
- Protected Areas support current and future generations;
- The Government must recognize and respect Aboriginal and Treaty rights;
- “…cooperative and collaborative governance with Indigenous governments and organizations is desirable for all protected areas;”
- Decision-making regarding Protected Areas must use the best available information, including Indigenous knowledge and values, local and community knowledge, and scientific knowledge;
- Protected Areas planning must account for climate change considerations;
- Protected Areas must “contribute to efforts to conserve biodiversity, ecological integrity and cultural continuity regionally, nationally and internationally;” and
- Protected Areas must be managed using the precautionary principle.
The purpose of the Protected Areas Act is to protect biodiversity, ecological integrity, and cultural continuity through the creation of permanent Protected Areas for present and future generations.
Protected Areas
Cabinet can create a Protected Area through regulation. Cabinet may only decrease the size of or cancel a Protected Area if Indigenous governments or organizations agree with this decision or if the lands are found to be Aboriginal title lands.
Generally, the creation of a Protected Area requires an Establishment Agreement with one or more Indigenous governments or organizations in the designated area.
The Establishment Agreement may lay out management roles, permitted and restricted activities, governance rights and obligations, and permitted Aboriginal rights activities. This agreement may also address other issues of importance to each party.
It should be noted that Cabinet has the power to establish a Protected Area without an Establishment Agreement in exceptional circumstances, where “irreconcilable differences” arise during negotiations and an Agreement cannot be reached.
The Government of Northwest Territories notes that the Protected Areas Act is “designed to be flexible in order to ensure the unique needs and features of each individual Protected Area can be addressed through the establishment and management processes.” Overall, “the Regulations and Management Plans for each Protected Area detail what activities can happen where, when, and under what conditions.”
Each Protected Area must have a management plan that includes:
- Conservation and management objectives;
- Permitted activities;
- Indicators and baseline data collection to measure progress towards objectives;
- Management actions;
- Review processes; and
- Climate change considerations.
Subject to the Establishment Agreement, the Minister of Environment and Natural Resources (“the Minister”) is responsible for managing Protected Areas. To support this management, the Minister can enter into funding agreements and/or create a Management Board for a Protected Area.
Based on the recommendation of an Indigenous government or organization or Management Board, the Minister can also create an Advisory Board to provide advice regarding the management of Protected Areas.
The Minister must also create a Protected Areas registry that provides information about candidates and established Protected Areas to the public.
Nomination Process
The Protected Areas Act sets out a process to nominate an area for protection. An Indigenous government or organization can nominate an area for protection.
The nomination package must include the following information:
- A summary of the area’s values;
- A description of how protecting the area would support the purpose of the Act;
- A map of the area; and
- If the area includes private lands, the consent of private landowners.
Once an area has been nominated, the Minister must consider it “without delay.”
A proposal will be considered by the Minister if the proposed Protected Area is entirely on public lands, or where the consent of private landowners has been obtained, and the proposed Area meets the purpose of the Act.
If the Minister chooses to reject a proposal made by an Indigenous government or organization, they must provide the government or organization with written reasons explaining their decision.
On the Minister’s recommendation, the Executive Council can approve a proposal for a candidate Protected Area if the following criteria are met:
- The proposed Protected Area supports the purpose of the Act;
- The Government has discharged its duty to consult;
- The proposal contains sufficient information to protect the area;
- The consent of private landowners has been obtained, if applicable; and
- The area will be sufficiently protected.
The Minister must review a candidate Protected Area at least once every five years until it is either removed from the registry or established as a Protected Area.
A candidate Protected Area can only be removed from the registry if the nominating Indigenous government or organization no longer supports its protection or if protecting the lands no longer supports the purposes of the Act.
Other Protected Areas
Wildlife Act
The Wildlife Act highlights the Government of the Northwest Territories’ commitment to working collaboratively to protect and manage wildlife for the benefit of present and future generations.
The Minister of Environment and Natural Resources (“the Minister”) is responsible for protecting and managing wildlife in the Northwest Territories. On the Minister’s recommendation, by regulation, Cabinet can create a Conservation Area to protect wildlife and habitat.
To support the management of wildlife, habitat, and Conservation Areas, the Minister can enter into agreements with governments, persons, bodies, or organizations.
The Minister is required to establish a process for receiving submissions from the public regarding wildlife and habitat conservation and management. These submissions must be made available for public review.