Overview
Nunavut legislation includes three main types of protected area designation: territorial parks, natural environment recreation parks, and historic parks.
The first chart in this section evaluates these designations based on the Indigenous Circle of Expert’s (ICE) characteristics for Indigenous Protected and Conserved Areas (IPCAs) and identifies some overall advantages and disadvantages. The Act allows for park co-management in all cases.
Following this survey, this section provides detail on each of the three protected area designations. These charts present information on permitted and prohibited activities in each area. The charts also outline the process for creating each protected area designation for the creation of IPCAs.
Additional designations, such as special management areas, are also briefly described. These special management areas may be of interest to Indigenous communities because they must be co-managed and managed according to the principles of Inuit Qaujimajatuqangit, or traditional knowledge of the Inuit.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Territorial Parks Act
| Territorial Park | Natural Environment Recreation Park | Historic Park | |
|---|---|---|---|
| Legislation | Territorial Parks Act | Territorial Parks Act | Territorial Parks Act |
| IPCA Characteristic #1: Indigenous-led | 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 |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Co-management | Co-management | Co-management |
| Advantages | Flexible, but strong, protections | Flexible, but strong, protections | Flexible, but strong, protections |
| Disadvantages | Relatively weak establishing mechanism | Focus on public recreation
Relatively weak establishing mechanism |
Relatively weak establishing mechanism |
Territorial Parks Act
Table: Territorial Parks Act In-Depth
| Territorial Park | Natural Environment Recreation Park | Historic Park | |
|---|---|---|---|
| Legislation | Territorial Parks Act | Territorial Parks Act | Territorial Parks Act |
| Responsible Government Department | Environment | Environment | Environment |
| Overall Goals and Values | Protect environment while promoting and developing land-based and traditional activities | Protect the natural environment for public use and benefit (s. 3(1)(a)) | Protect historical sites for public education and enjoyment (s. 3(1)(e)) |
| Establishment | Ministerial Order (s. 5) | Ministerial Order (s. 5(1)) | Ministerial Order (s. 5(2)) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park | Protected area with recreational focus | III Natural Monument or Feature
V Protected Landscape/Seascape |
| Decision-Making Authority | Minister/Superintendent responsible for management – can enter into agreements to support and can create Consultative Committee (ss. 4-6) | Minister/Superintendent responsible for management – can enter into agreements to support and can create Consultative Committee (ss. 4-6) | Minister/Superintendent responsible for management – can enter into agreements to support and can create Consultative Committee (ss. 4-6) |
| Hunting | Sport hunting prohibited | Sport hunting prohibited | Sport hunting prohibited |
| Fishing | With licence | With licence | With licence |
| Trapping | With permit | With permit | With permit |
| Development | Construction (with permit) (s. 8) | Limited to development necessary to preserve the natural environment for public enjoyment (s. 3(2))
Construction (with permit) (s. 8) |
Limited to development necessary to designate, protect, and explain historic sites (s. 3(6))
Construction (with permit) (s. 8) |
| Natural Resource Extraction | Dependent on management plan | Dependent on management plan | Dependent on management plan |
| Access | Motor vehicle and off-highway vehicle access in certain areas (s. 13(e)) | Motor vehicle and off-highway vehicle access in certain areas (s. 13(e)) | Motor vehicle and off-highway vehicle access in certain areas (s. 13(e)) |
| Activities Allowed | Outdoor recreation activities | Outdoor recreational activities | Outdoor recreational activities compatible with protecting historic sites |
| Activities Prohibited | Research (unless permitted) (s. 8)
Damaging or destroying natural features (s. 13(a)) |
Research (unless permitted) (s. 8)
Damaging or destroying natural features (s. 13(a)) |
Research (unless permitted) (s. 8)
Damaging or destroying natural features (s. 13(a)) |
Territorial Parks
Under the Territorial Parks Act and by ministerial order, the Minister of Environment (“the Minister”) can create a Territorial Park. Before creating it, the Minister must consult with anyone who might be affected by its creation. Additionally, prior to creating certain classes of Territorial Park, the Minister must have the support of the Legislative Assembly.
There are five classes of Territorial Parks, including:
- Natural Environment Recreation Park
- Main Purpose: To preserve natural environment for public use and benefit.
- Limited to development necessary to support purpose.
- Outdoor Recreation Park
- Main Purpose: To provide recreational opportunities.
- Park can be developed to support outdoor recreation.
- Community Park
- Main Purpose: To provide recreational opportunities for communities.
- Park can be developed to support outdoor recreation.
- Wayside Park
- Main Purpose: To provide services for the travelling public.
- Park can be developed to provide basic infrastructure and information for the travelling public.
- Historic Park
- Main Purpose: To protect and commemorate historic sites for public education and enjoyment.
- Limited to development necessary to commemorate and protect historic sites.
- Historic 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.
Overall, Territorial Parks in Nunavut are created and managed to meet the following goals:
- Protect Nunavut’s cultural and natural landscapes for present and future generations
- Joint planning and management use Inuit Qaujimajatuqangit and scientific knowledge.
- Enhance community and visitor experiences
- Support Inuit self-reliance and cultural and social well being.
- Engage communities in natural and cultural heritage protection and appreciation
- Recognizes that Inuit have a unique relationship with Nunavut and that they have an accumulated body of Inuit Qaujimajatuqangit.
- Communities are engaged in decision-making and Inuit benefit from parks-related tourism, economic development, education, and employment.
Agreements and Delegation
The Parks planning and management context in Nunavut is extremely unique due to the influence of the Umbrella Inuit Impact and Benefits Agreement for Territorial Parks and sections in the Nunavut Agreement pertaining to Nunavut Parks.
The Minister can appoint a Superintendent of Parks to enforce the Territorial Parks Act in Territorial Parks.
The Minister can enter into agreements with “persons…societies, associations, partnerships, municipalities, or other bodies” to support the management and maintenance of Territorial Parks. The Minister can also create Parks Consultative Committees to provide advice on park creation and management.
Other Protected Areas
Wildlife Act
The purpose of the Wildlife Act is to protect and manage wildlife and habitat in Nunavut.
By regulation, Cabinet can create a Special Management Area to protect wildlife, habitats, and biodiversity. Special Management Areas must be co-managed by the Minister of Environment (“the Minister”) and a Designated Inuit Organization.
When managing Special Management Areas, parties must consider the following values and conservation principles:
- Wildlife and habitat should be managed in a holistic way.
- Wildlife and habitat management should include research, education, harvesting, regulation, protection, conservation, and restoration.
- Inuit Qaujimajatuqangit should guide management decisions.
- Management decisions should:
- Maintain the balance of ecological systems;
- Protect habitat;
- Maintain sustainable wildlife populations; and
- Restore depleted wildlife populations.
Special Management Area management must also be informed by guiding principles and concepts of Inuit Qaujimajatuqangit, including:
- Avatimik Kamattiarniq/Amiginik Avatimik
- “…people are stewards of the environment and must treat all of nature holistically and with respect, because humans, wildlife and habitat are interconnected and each person’s actions and intentions towards everything else have consequences, for good or ill.”
- Pijitsirniq/Ihumaliukti
- “…a person with the power to make decisions must exercise that power to serve the people to whom he or she is responsible.”
- Ikpigusuttiarniq Nirjutilimaanik/Pitiaklugit nekyutit
- “…all wildlife should be treated respectfully.”