Overview
Nova Scotia legislation offers six main types of protected area designation: provincial parks, park reserves, wildland parks, natural heritage reserves, wilderness areas, and nature reserves.
The first chart in this section evaluates the four most important of these designations based on the three Indigenous Circle of Expert’s (ICE) characteristics of Indigenous Protected and Conserved Areas (IPCAs). It also outlines overall advantages and disadvantages of the designations for creating IPCAs. The Minister has the power to negotiate with Indigenous communities regarding park management. Further, Nova Scotia has committed to conserving 20 percent of its total land and water mass by 2030, and to developing a collaborative protected areas strategy to facilitate this goal.
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 Nova Scotia Provincial Parks Act and Wilderness Areas Protection Act
| Provincial Park | Natural Heritage Reserve | Wilderness Area | Nature Reserve | |
|---|---|---|---|---|
| Legislation | Provincial Parks Act | Provincial Parks Act | Wilderness Areas Protection Act | Special Places Protection Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | 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 | Established by regulation – less permanent than in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Minister may enter into agreements or appoint advisory committees to support management | Minister may enter into agreements or appoint advisory committees to support management | Minister may enter into agreements to support management
Province works with Indigenous communities to nominate areas for protection |
Advisory Committee supports management |
| Advantages | Relatively strong baseline protections
Temporary protections available |
Relatively strong baseline protections | Strong baseline protections
Supports traditional hunting and trapping patterns |
More permanent protections than other three protected area types |
| Disadvantages | Focus on recreation; some classifications and zones more than others | Focus on research and education to the exclusion of humans | Focus on protection to the exclusion of humans | Focus on protection to the exclusion of humans |
Environmental Goals and Climate Change Reduction Act
The Environmental Goals and Climate Change Reduction Act (“the Act”) specifies that the Government of Nova Scotia’s long-term goal is “to achieve sustainable prosperity.” Sustainable prosperity “must include Netukulimk, sustainable development, a circular economy, and equity.”
Sustainable prosperity is defined as “prosperity where economic growth, environmental stewardship and social responsibility are integrated and recognized as being interconnected.”
Netukulimk “as defined by the Mi’kmaq, [is] the use of the natural bounty provided by the Creator for the self-support and well-being of the individual and the community by achieving adequate standards of community nutrition and economic well-being without jeopardising the integrity, diversity or productivity of the environment.”
The Act sets the following land protection goals:
- To conserve at least 20 percent of Nova Scotia’s total land and water mass by 2030, including IPCAs;
- To develop a collaborative protected areas strategy to achieve the above goal; and
- To implement an ecological forestry approach on Crown lands.
The Minister of Environment and Climate Change is responsible for facilitating the achievement of the goals set under this Act.
Provincial Parks Act
Table: Provincial Parks Act In-Depth
| Provincial Park | Park Reserve | Wildland Park | Natural Heritage Reserve | |
|---|---|---|---|---|
| Legislation | Provincial Parks Act | Provincial Parks Act | Provincial Parks Act | Provincial Parks Act |
| Responsible Government Department | Natural Resources and Renewables | Natural Resources and Renewables | Natural Resources and Renewables | Natural Resources and Renewables |
| Overall Goals and Values | Protect ecosystems and heritage resources while providing recreational and educational opportunities (s. 2) | Temporarily protect lands that can be included in future Provincial Park (s. 6) | Protect natural landscapes in largely undisturbed state | Protect natural heritage for scientific and educational purposes |
| Establishment | Order in Council (s. 8) | Order in Council (s. 8) | Order in Council (s. 8) | Order in Council (s. 8) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park | Temporary | Ib Wilderness Area | III Natural Monument or Feature
V Protected Landscape/Seascape |
| Decision-Making Authority | Minister responsible for management (s. 4) – can enter into agreements (s. 18) or appoint an advisory committee (s. 19) to support | Minister responsible for management (s. 6) – can enter into agreements (s. 18) or appoint an advisory committee (s. 19) to support | Minister responsible for management (s. 4) – can enter into agreements (s. 18) or appoint an advisory committee (s. 19) to support | Minister responsible for management (s. 4) – can enter into agreements (s. 18) or appoint an advisory committee (s. 19) to support |
| Hunting | With permit | With permit | With permit | With permit |
| Fishing | With licence (with exceptions) | With licence (with exceptions) | With licence (with exceptions) | With licence (with exceptions) |
| Trapping | With permit | With permit | With permit | With permit |
| Development | Construction (with permit) (s. 13) | Construction with permit (s. 13) | Construction with permit (s. 13) | Construction (with permit) (s. 13) |
| Natural Resource Extraction | No aggregate removal or mining | No aggregate removal or mining
No timber harvesting |
No aggregate removal or mining
No timber harvesting |
No aggregate removal or mining
No timber harvesting |
| 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) | Motor vehicle and off-highway vehicle access (with permit) |
| Activities Allowed | Research (with permit) (s. 13)
Dependent on zone and classification |
Research (with permit) (s. 13)
Dependent on zone and classification |
Research (with permit) (s. 13)
Low-intensity recreational use |
Research (with permit) (s. 13)
Dependent on zone |
| Activities Prohibited | Destroying natural resources or watercourses
Agriculture (unless permitted) |
Destroying natural resources or watercourses
Agriculture (unless permitted) |
Destroying natural resources or watercourses
Agriculture (unless permitted) |
Destroying natural resources or watercourses
Agriculture (unless permitted) |
The Provincial Parks Act allows the government to create and maintain Provincial Parks for five purposes:
- To provide recreational opportunities;
- To preserve natural and historic resources;
- To support natural and cultural heritage interpretation and education programs;
- To provide tourism opportunities; and
- To protect lands to meet Nova Scotians’ present and future needs.
By Order in Council, Cabinet can create, increase or decrease the area of a Provincial Park. With the Governor in Council’s permission, the Minister of Natural Resources and Renewables (“the Minister”) can purchase or acquire land to create or increase the area of a Provincial Park.
The Minister can classify Provincial Parks as one of the following:
- Wildland Park
- Main Purpose: To protect natural landscapes and support low-intensity recreation.
- Natural Heritage Reserve
- Main Purpose: To protect natural features for scientific and educational purposes.
- Historic Park
- Main Purpose: To protect historical resources for educational and research purposes.
- Natural Environment Park
- Main Purpose: To protect natural environments and provide recreational opportunities.
- Outdoor Recreational Park
- Main Purpose: to support recreational needs of visitors
- Wayside Park
- Main Purpose: To provide services to travellers.
- Wildlife Park
- Main Purpose: To provide opportunities for wildlife viewing and appreciation.
The Minister is responsible for managing Provincial Parks and can designate a person to act on their behalf in exercising this responsibility. The Minister can also appoint a Director of Parks and Recreation to administer the Provincial Parks Act.
Within Provincial Parks, the Minister can create zones to provide distinct protections in different areas, including:
- Environmental Protection Zone
- Provides environmental protection.
- Allows interpretative, educational, and scientific activities that do not negatively impact the area.
- Resource Conservation Zone
- Provides a high standard of conservation.
- Allows activities that do not negatively impact “the inherent natural character and aesthetic qualities” of the area.
- Recreational Development Zone
- Supports outdoor recreational activities.[7]
Park Reserves
By Order in Council, the Governor in Council can create a Park Reserve to temporarily protect lands while determining whether they should be transformed into a Provincial Park. Park Reserves receive the same protections as Provincial Parks.
Areements
The Minister can enter into agreements to ensure Provincial Parks or Park Reserves are effectively managed. The Minister can also appoint a Parks Committee to provide advice and recommendations on Provincial Park management.
Wilderness Areas Protection Act
Table: Wilderness Areas Protection Act In-Depth
| Wilderness Area | |
|---|---|
| Legislation | Wilderness Areas Protection Act |
| Responsible Government Department | Environment and Climate Change (s. 3) |
| Overall Goals and Values | Protect natural processes, biodiversity, and natural ecosystems while providing opportunities for research, education, and wilderness recreation (s. 2) |
| Establishment | Ministerial Order (s. 11) |
| Strength of Protection | Ib Wilderness Area |
| Decision-Making Authority | Minister responsible for management – can delegate powers or duties to “any person,” establish advisory committees, or enter into agreements to support |
| Hunting | Traditional patterns of hunting permitted |
| Fishing | With licence |
| Trapping | Traditional patterns of trapping permitted |
| Development | No energy-resource developments, including hydroelectric (s. 17(1)(b))
No transmission or distribution lines, pipelines, or tunnels (s. 17(1)(c)) Construction prohibited (s. 17(2)) |
| Natural Resource Extraction | No mining, petroleum development, or forestry (s. 17(1)) |
| Access | No vehicle or bicycle access (with exceptions) |
| Activities Allowed | Wilderness recreational* activities that are consistent with environmental protection
*The Wilderness Areas Protection Act defines “wilderness recreation” as “non-motorized, outdoor recreational activities that have minimal environmental impact, including nature-based tourism.” Environmental, educational, and natural history interpretation that is consistent with environmental protection (s. 20) Scientific research (with permit) (s. 21) |
| Activities Prohibited | Aquaculture (s. 17(1))
Agriculture or removing or destroying ecosystems, plants, animals, or natural objects (s. 17(2)) |
Under the Wilderness Areas Protection Act and by ministerial order, the Minister of Environment and Climate Change (“the Minister”) can create Wilderness Areas. Wilderness Areas will be permanently protected for present and future generations, with the aim of achieving the following objectives:
- Maintain and restore natural processes and biodiversity;
- Protect representative landscapes and ecosystems;
- Protect unique, rare, and vulnerable natural features;
- Provide examples of undisturbed ecosystems against which to measure the effects of human activities on the natural environment;
- Provide opportunities for scientific research, environmental education, and wilderness recreation; and
- Promote public consultation and community stewardship in the establishment and management of Wilderness Areas.
The Minister is responsible for the management of Wilderness Areas. Through an order and with permission of Cabinet, the Minister can add Crown lands to or change the boundaries of a Wilderness Area to increase the effectiveness of its protection and management.[3]
The province works with Indigenous and local communities to identify potential areas for protection. Before creating a Wilderness Area, the Minister must conduct a socioeconomic analysis to assess the outcomes of a potential wilderness area designation. The Minister must make the results of this analysis available to the public.
Each Wilderness Area must be supported by a management plan that is drafted by the Minister following appropriate public consultations.
To support the management of Wilderness Areas, the Minister can enter into an agreement “with any person…for any purpose” under the Wilderness Areas Protection Act or regulations.
Special Places Protection Act
Table: Special Places Protection Act In-Depth
| Nature Reserve | |
|---|---|
| Legislation | Special Places Protection Act |
| Responsible Government Department | Environment and Climate Change |
| Overall Goals and Values | Protect ecological sites and natural heritage (s. 2) |
| Establishment | Ministerial Order/Regulation (s. 14) |
| Strength of Protection (Based on IUCN Protected Area Categories) | Ia Strict Nature Reserve
Ib Wilderness Area |
| Decision-Making Authority | Minister responsible for management (s. 15) – Advisory Committee supports management (ss. 5-6) |
| Hunting | Generally prohibited |
| Fishing | Generally prohibited |
| Trapping | Generally prohibited |
| Development | Generally prohibited |
| Natural Resource Extraction | No mining or forestry (s. 18) |
| Access | Publicly accessible (with exceptions) |
| Activities Allowed | Low-impact recreational activities |
| Activities Prohibited | Damaging or destroying land or vegetation (s. 17) |
The Special Places Protection Act works to:
- Protect ecological sites and natural heritage sites that:
- Support scientific research and education;
- Are representative of natural ecosystems throughout Nova Scotia;
- Offer opportunities to study ecosystem recovery;
- Provide habitat for rare or endangered native species; or
- Provide opportunities for long-term research studies; and
- Promote understanding and appreciation for the scientific, educational, and cultural values represented by Nova Scotia’s ecological and natural heritage sites.
By ministerial order, with Cabinet’s permission, the Minister of Environment and Climate Change (“the Minister”) can create a Nature Reserve to protect ecological and natural heritage. The Nature Reserve can only be cancelled if its continued protection is deemed “inappropriate” and the public has been provided at least 30 days to make submissions.
The Minister is responsible for managing Nature Reserves.
The Special Places Protection Act creates an Advisory Committee on the Protection of Special Places, which includes Indigenous representatives. The Advisory Committee can make recommendations to the Minister regarding Nature Reserves, recommend regulations, conduct research and can work collaboratively with the Minister to establish a management plan for a Nature Reserve.
Other Protected Areas
Heritage Property Act
The purpose of the Heritage Property Act is to protect and encourage the continued use of cultural landscapes. A cultural landscape is one that represents “the combined work of nature and of people.”
By ministerial order, the Minister of Communities, Culture, Tourism and Heritage (“the Minister”) can create a Provincial Heritage Property.
Cabinet can appoint an Advisory Council on Heritage Property to provide advice to the Minister regarding Provincial Heritage Properties. Once a landscape is recommended for protection, it is temporarily protected for up to 120 days.
The Minister can cancel Provincial Heritage Properties by recommendation of the Advisory Council if the Property has either been destroyed or lost its heritage value.
Once protected, Provincial Heritage Property cannot be altered without Cabinet’s permission.
Wildlife Act
The Minister of Natural Resources and Renewables (“the Minister”) is responsible for protecting and managing wildlife in Nova Scotia.
By Order in Council, Cabinet can create, increase or decrease the area of a Wildlife Sanctuary or Wildlife Management Area, or cancel it altogether. The Governor in Council has broad discretion to enact regulations outlining the activities that are allowed in these protected areas.
With Cabinet’s permission, the Minister can purchase or acquire land for a Wildlife Sanctuary or Wildlife Management Area and can enter into an agreement with “any society, group, organization, person or individual to jointly manage wildlife and habitats.