Overview
Prince Edward Island (PEI) offers four main types of protected area designation: Provincial Parks, Protected Areas, Protected Beaches, and Natural Areas.
The first chart in this section evaluates these four designations based on the three Indigenous Circle of Experts’ (ICE) characteristics of Indigenous Protected and Conserved Areas (IPCAs) and identifies some overall advantages and disadvantages for IPCA creation. The Minister of the Environment, Conservation and Parks has the authority to enter into management agreements concerning parks, protected areas, and protected beaches. This could provide an opportunity for co-managed IPCAs.
This section then offers more detail on each of the four protected area designations. These charts present detailed information on what activities are permitted and prohibited in each area They also outline the process for creating the four designations. Additional designations, such as heritage places and wildlife management areas, are also briefly described.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of Recreation Development Act
| Provincial Park | Protected Area | Protected Beach | Natural Area | |
|---|---|---|---|---|
| Legislation | Recreation Development Act | Recreation Development Act | Recreation Development Act | Recreation Development Act |
| IPCA Characteristic #1: Indigenous-led | No | 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 | Established by order – less permanent than regulation or in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Minister can enter into agreements or create advisory committees to support management | Minister can enter into agreements or create advisory committees to support management | Minister can enter into agreements or create advisory committees to support management | Minister can appoint advisory committee to support management |
| Advantages | Relatively strong baseline protections | Relatively strong baseline protections | Relatively strong baseline protections | Strong protections |
| Disadvantages | Relatively impermanent protections | Relatively impermanent protections | Relatively impermanent protections | Relatively impermanent protections
Focused on protection to the exclusion of humans |
Recreation Development Act
Table: Recreation Development Act In-Depth
| Provincial Park | Protected Area | Protected Beach | |
|---|---|---|---|
| Legislation | Recreation Development Act | Recreation Development Act | Recreation Development Act |
| Responsible Government Department | Economic Growth, Tourism and Culture | Economic Growth, Tourism and Culture | Economic Growth, Tourism and Culture |
| Overall Goals and Values | Protect ecosystems and provide recreational opportunities (s. 6(1)(a)) | Protect natural objects of historical or scientific interest (s. 6(1)(b)) | Protect areas under or directly next to tidal water (s. 6(1)(c)) |
| Establishment | Order in Council (ss. 6-7) | Order in Council (ss. 6-7) | Order in Council (ss. 6-7) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park | II National Park | II National Park |
| Decision-Making Authority | Minister responsible for management – can enter into agreements to support (s. 2)
Minister can also create an advisory committee or delegate powers (s. 3) |
Minister responsible for management – can enter into agreements to support (s. 2)
Minister can also create an advisory committee or delegate powers (s. 3) |
Minister responsible for management – can enter into agreements to support (s. 2)
Minister can also create an advisory committee or delegate powers (s. 3) |
| Hunting | Prohibited (with exceptions) | Prohibited (with exceptions) | Prohibited (with exceptions) |
| Fishing | Prohibited (with exceptions) | Prohibited (with exceptions) | Prohibited (with exceptions) |
| Trapping | Prohibited (with exceptions) | Prohibited (with exceptions) | Prohibited (with exceptions) |
| Development | Construction with permit (s. 15) | Construction with permit (s. 15) | Construction with permit (s. 15) |
| Natural Resource Extraction | With permit | With permit | With permit |
| Access | Motor vehicle access in certain areas | Motor vehicle access in certain areas | Motor vehicle access in certain areas |
| Activities Allowed | Outdoor recreational activities | Outdoor recreational activities | Outdoor recreational activities |
| Activities Prohibited | Activities inconsistent with protection (s. 10)
Removing or damaging any natural object or polluting any water body (unless permitted) |
Activities inconsistent with protection (s. 10)
Removing or damaging any natural object or polluting any water body (unless permitted) |
Activities inconsistent with protection (s. 10)
Removing or damaging any natural object or polluting any water body (unless permitted) Removing sand, gravel, or stone or altering beach (s. 11) |
Under the Recreation Development Act, Cabinet can create a Provincial Park, Protected Area, or Protected Beach on the recommendation of the Minister of Economic Growth, Tourism and Culture (presumably through an Order in Council).
The main purpose of PEI’s Recreation Development Act is to “promote and encourage the development of recreational facilities and services.” In addition, the Minister is responsible for encouraging the conservation of natural resources in these parks. Provincial Parks Regulations prohibit certain harmful activities within them.
Agreements and Delegation
The Minister is responsible for managing Provincial Parks, Protected Areas, and Protected Beaches. With Cabinet’s permission, the Minister can create a board or committee to provide advice and support the management of these protected areas. The Minister can also delegate management powers to the board or committee.
Natural Areas Protection Act
Table: Natural Areas Protection Act In-Depth
| Natural Area | |
|---|---|
| Legislation | Natural Areas Protection Act |
| Responsible Government Department | Environment, Energy and Climate Action (s. 1(a)) |
| Overall Goals and Values | Protect natural ecosystems that offer habitat for rare species, contain unusual features, and/or provide scientific and educational opportunities (s. 1(b)) |
| Establishment | Ministerial Order (s. 3(1)) |
| Strength of Protection (Based on IUCN Protected Area Categories) | Ib Wilderness Area |
| Decision-Making Authority | Minister responsible for management – can appoint an Advisory Committee to support (s. 6(1)) |
| Hunting | With licence |
| Fishing | With licence |
| Trapping | Restricted (with licence) |
| Development | No construction permitted (with exceptions) |
| Natural Resource Extraction | No logging (with exceptions) |
| Access | No motor vehicle access (with exceptions)
Publicly accessible |
| Activities Allowed | Low-impact outdoor recreational activities |
| Activities Prohibited | Removing or destroying vegetation (with exceptions) |
Under the Natural Areas Protection Act and by ministerial order, the Minister of Environment, Energy and Climate Action (“the Minister”) can create a Natural Area if the proposed area:
- Contains natural ecosystems or provides habitat for rare or endangered native species;
- Features unique botanical, zoological, geological, or palaeontological phenomena;
- Provides “exceptional and diversified scenery;”
- Offers seasonal habitat for species; and/or
- Provides opportunities for scientific and educational programs.
When deciding whether to create or cancel a Natural Area, the Minister must provide opportunities for and consider public input. The Minister can create an Advisory Committee to provide advice on creating and managing Natural Areas. However, the Minister does not have the power to enter into co-management agreements with First Nations.
The Minister can cancel a Natural Area if protecting the Area would no longer support the purposes of the Natural Areas Protection Act or if the public interest would be served.
Other Protected Areas
Heritage Places Protection Act
Under the Heritage Places Protection Act and by ministerial order, the Minister of Economic Growth, Tourism and Culture (“the Minister”) can create a Heritage Place. A Heritage Place houses a “Heritage Resource”, which is defined as “any work of nature or of man that is primarily of value for its palaeontological, archaeological, prehistoric, historic, cultural, natural, scientific or aesthetic interest.”
Once a Heritage Place is protected, it cannot be altered without the Minister’s permission.
The Minister is responsible for managing Heritage Places and must create a Heritage Places Advisory Board to provide advice regarding their protection.
The Minister must also create and maintain a registry of Heritage Places. By request or by their own initiative, the Minister can add a Heritage Place to the registry if it meets the necessary criteria. Any interested person or group can submit a Heritage Place application. The application is screened by a heritage officer and, if it meets the criteria, is forwarded to the Advisory Board for review.
The Minister can also temporarily protect a proposed Heritage Place where it is “at risk of imminent irreparable or costly damage to the site’s heritage nature.”
Wildlife Conservation Act
Under the Wildlife Conservation Act and by regulation, Cabinet can create a Wildlife Management Area to support the management and protection of wildlife and habitat.
The Minister of Environment, Energy and Climate Action (“the Minister”) is responsible for managing Wildlife Management Areas and can enter into agreements with any person to support the joint protection and management of wildlife and habitat.
The Minister can also create an Advisory Committee to provide advice and make recommendations regarding wildlife and wildlife habitat.