Overview
Québec offers seven main types of protected area designation: national parks, Aboriginal-led protected areas, protected areas with sustainable use, biodiversity reserves, ecological reserves, wildlife sanctuaries, and wildlife preserves.
The first chart in this section evaluates four of these seven 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. Québec is the only province with legislation that specifically offers a protected area designation that is led by Indigenous Peoples: “Aboriginal-led protected areas.”
At the time of publication, the benefits and drawbacks of this new protected area designation are unknown. Several elements are promising, including the proposal process and the ability to delegate management powers to Indigenous communities.
This section also delves into each of the seven protected area designations. The charts in this section present information on what activities are permitted and prohibited in each area, and the process for creating them. Additional designations, such as heritage cultural landscapes, are briefly described.
Table: IPCA Characteristics Assessment, Advantages, and Disadvantages of the Parks Act
| National Park | Aboriginal-led Protected Area | Protected Area with Sustainable Use | Wildlife Sanctuary | |
|---|---|---|---|---|
| Legislation | Parks Act | Natural Heritage Conservation Act | Natural Heritage Conservation Act | Act respecting the conservation and development of wildlife |
| IPCA Characteristic #1: Indigenous-led | No | Yes | 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 order – less permanent than in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Société des établissements de plein air du Québec may enter into agreements to support park management | Minister must encourage Indigenous participation in protected area management and may enter into agreements or delegate authority to support | Minister may delegate authority to Indigenous communities | Minister can enter into agreements with Indigenous communities to support management |
| Advantages | Relatively strong legislative protections | Indigenous governments or communities can propose areas for protection
First explicit IPCA in Canadian legislation |
Focused on protecting biodiversity and associated cultural values
Flexible protections |
Supports wildlife harvesting and protections
Relatively flexible protections |
| Disadvantages | No explicit power for co-management
Protections vary depending on zone |
No precedents to date | Vague management powers | Least permanent protections of all protected area types |
Parks Act
Table: Parks Act In-Depth
| National Park* | |
|---|---|
| Legislation | Parks Act |
| Responsible Government Department | Forêts, de la Faune et des Parcs (Forests, Wildlife, and Parks) |
| Overall Goals and Values | Conserve and permanently protect natural areas while providing sustainable recreation opportunities (s. 1(b)) |
| Establishment | Regulation (s. 2) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park |
| Decision-Making Authority | Minister responsible for management Société des établissements de plein air du Québec responsible for operating certain parks** |
| Hunting | Prohibited (s. 7(a)) |
| Fishing | With permit (with exceptions) |
| Trapping | Prohibited (s. 7(a)) |
| Development | No pipelines or power lines (with exceptions) (s. 7(b))
Construction (with permit) (s. 8) Dependent on zoning |
| Natural Resource Extraction | No prospecting, logging, mining, or energy production (s. 7(b)) |
| Access | Motor vehicle and off-highway vehicle access (with permit and with exceptions) |
| Activities Allowed | Outdoor recreational activities
Dependent on zoning and activities authorized by Superintendent |
| Activities Prohibited | Damaging or removing natural objects |
* In this context, National Parks are distinct from federal National Parks. Under the Parks Act, National Parks are equivalent to Provincial Parks or Territorial Parks.
** The Société des établissements de plein air du Québec is responsible for operating National Parks that are located south of the areas covered by the Act respecting hunting and fishing rights in the James Bay and New Québec territories, CQLR, c D-13.1.; Parks Act, CQLR, c P-9, s 5.1.
Under the Parks Act and by regulation, the Québec Government can create a National Park to conserve and permanently protect natural areas while supporting recreational opportunities.
The Minister of Forests, Wildlife and Parks (“the Minister”) can assign “zone” designations to different areas within National Parks. Zone designations describe the purpose of the Park and the intended type of use, including:
- Natural Environment Zone
- Reserved for protection and development of natural heritage.
- Maximum Preservation Zone
- Reserved for protection of natural heritage; only accessible in exceptional circumstances.
- Preservation Zone
- Reserved for protection of natural heritage; only accessible for low-impact activities.
- Intensive Recreation Zone
- Reserved for golf course or Alpine ski centre.
- Services Zone
- Reserved for reception, lodging, or management.
The Minister can purchase or acquire land to create or increase the area of a National Park. The Government can create, change the boundaries of, or remove the protections of a National Park only after the Minister has provided opportunities for public consultation.
The Minister is responsible for managing National Parks, while the Société des établissements de plein air du Québec is responsible for all National Parks located south of the lands covered by the Act respecting hunting and fishing rights in the James Bay and New Québec territories.
Natural Heritage Conservation Act
Table: Natural Heritage Conservation Act In-Depth
| Protected Area with Sustainable Use | Biodiversity Reserve | Ecological Reserve | Aboriginal-led Protected Areas | |
|---|---|---|---|---|
| Legislation | Natural Heritage Conservation Act | Natural Heritage Conservation Act | Natural Heritage Conservation Act | Natural Heritage Conservation Act |
| Responsible Government Department | Forests, Wildlife and Parks (s. 4) | Forests, Wildlife and Parks (s. 4) | Forests, Wildlife and Parks (s. 4) | Forests, Wildlife and Parks (s. 4) |
| Overall Goals and Values | Protect land for ecological purposes, including providing habitat and opportunities for research and educational activities (s. 2) | Protect ecosystems, biodiversity, and natural monuments (s. 48) | Permanently protect biodiversity and habitats in their natural state while supporting scientific and educational activities (s. 50) | Conserve biodiversity and associated cultural values (s. 4.3) |
| Establishment | Regulation | Regulation | Regulation | Regulation (ss. 4.6, 12.3, 12.6)
Indigenous governments or communities can propose areas for protection (s. 4.3) |
| Strength of Protection (Based on IUCN Protected Area Categories) | VI Protected Area with sustainable use of natural resources | VI Protected Area with sustainable use of natural resources | Ia Strict Nature Reserve | VI Protected Area with sustainable use of natural resources |
| Decision-Making Authority | Minister responsible for management – can delegate authority to Indigenous communities | Minister responsible for management – can delegate authority to Indigenous communities | Minister responsible for management – can delegate authority to Indigenous communities | Minister must encourage Indigenous participation in protected area management and can enter into agreements to support (ss. 4.7, 12)
Minister can delegate authority to Indigenous communities (ss. 8, 12) |
| Hunting | Dependent on conservation plan | Prohibited (s. 12.3) | Prohibited (s.51) | Dependent on conservation plan |
| Fishing | With licence | With licence | Prohibited (s.51) | With licence |
| Trapping | Dependent on conservation plan | Prohibited (s. 12.3) | Prohibited (s.51) | Dependent on conservation plan |
| Development | Dependent on conservation plan | Commercial forest development, road construction, and electricity generation are prohibited without the Minister’s explicit permission (ss. 49, 44) | Prohibited (s.51) | Dependent on conservation plan |
| Natural Resource Extraction | Focus on sustainable use of natural resources (s. 47) | No commercial forest development, mineral exploration, mining, or petroleum or brine exploration or production (s. 49, 44) | Prohibited (s.51) | Dependent on conservation plan |
| Access | Dependent on conservation plan (s. 29) | Dependent on conservation plan (s. 29) | No access (with exceptions) (s. 51) | Dependent on conservation plan |
| Activities Allowed | Dependent on conservation plan (s. 29) | Dependent on conservation plan (s. 29) | Educational or scientific activities (with permit) (s. 52) | Dependent on conservation plan |
| Activities Prohibited | Dependent on conservation plan (s. 29) | Dependent on conservation plan (s. 29)
Removal of non-timber forest products, excluding sugar bush operations (s. 49(1)(c)) |
No activities can be carried out in ecological reserves (with some exceptions) (s. 51) | Dependent on conservation plan |
Quebec’s Natural Heritage Conservation Act includes several types of protected area designation, including Aboriginal-led protected areas, protected areas with sustainable use, ecological reserves, and biodiversity reserves. Many of these protected area designations were introduced through recent amendments in 2021.
The Natural Heritage Conservation Act (“the Act”) recognizes that:
- Québec’s natural heritage has intrinsic value;
- Indigenous governments and communities have close cultural connections with this natural heritage;
- Québec’s natural heritage supports health, security, and economy;
- Québec has international responsibilities under the United Nations Convention on Biodiversity; and
- Québec must conserve its natural heritage for present and future generations.
The Natural Heritage Conservation Act works to ensure the protection of Québec’s natural heritage by:
- Supporting the creation and management of a protected areas network;
- Supporting Indigenous and community involvement in biodiversity conservation; and
- Supporting government collaboration in protected areas creation and management.
In many respects, the process for designating and managing these areas is the same. Important differences are highlighted in the sections below.
Before selecting and protecting an area, the Minister of Forests, Wildlife and Parks (“the Minister”) must collaborate with concerned government departments and municipalities. A Conservation Plan must inform each protected area.
Before protecting an area, the Minister must also hold a public information and consultation period. Once it has done so, the Government can designate any area as a protected area with sustainable use, an ecological or biodiversity reserve, or an Aboriginal-led protected area.
The Government can prohibit activities in protected areas by regulation. When determining which activities to prohibit, the Government must consider “the fundamental characteristics of [the] protected area…and ensure that the activities that may be carried on in a protected area are compatible with the conservation objectives applicable to that protected area.” The Minister can exempt any activity from regulation if it is in the public interest to do so.
In other words, the designation chosen (Aboriginal-led protected area, ecological reserve, sustainable use protected area, etc.) will influence the types of activities that the Minister can permit. In more strictly protected areas (ecological reserves and biodiversity reserves), some activities are forbidden by default, as noted in the chart above. The Minister must provide special permission for these activities to be allowed.
When determining whether to allow any activity to be carried out in a protected area by regulation, the Minister must consider:
- The nature of the activity and the likelihood of it causing disturbances or losses;
- The ecological characteristics of the protected area and ongoing human pressures;
- How much the activity adds to the overall impact on the watershed;
- The activity’s impact on biodiversity;
- The availability of other potential locations in which to carry out the activity;
- The possibility of changing the activity to minimize or prevent damage;
- The possibility of alternative land uses;
- The consequences of refusing to allow the activity; and
- The relative benefits and impacts caused by either decision.
The Minister can refuse to allow an activity if:
- The activity does not help maintain the ecosystem’s natural state;
- The proposed alternatives would not minimize the activity’s impacts;
- The activity would negatively impact ecological function and biodiversity; or
- The activity would impact the habitat of threatened or vulnerable species.
If the Minister believes that a protected area is “facing a real or apprehended threat of irreversible degradation,” then he/she can make an order prohibiting all access to, terminating all activities in, or doing any other thing regarding the protected area necessary to reduce or remove the threat.
Aboriginal-Led Protected Areas
Under the Natural Heritage Conservation Act and by regulation, the Minister of Forests, Wildlife and Parks (“the Minister”) can create an Aboriginal-led protected area. This form of designation creates unique opportunities for the creation of IPCAs.
An Indigenous government or community can propose areas for protection to allow for “the conservation of elements of biodiversity and associated cultural values that are of interest” to the Nation or community.
The proposal must include a map of the proposed Protected Area and its proposed conservation and development objectives. When assessing the proposal, the Minister must consult with all other concerned Indigenous governments or communities.
The Minister must encourage the participation of Indigenous governments and communities in the management of Aboriginal-led Protected Areas. The Minister can enter into an agreement with Indigenous governments or communities to support this process. Importantly, the Minister has the power to delegate their management responsibilities to any Indigenous community under the Act.
Protected Areas with Sustainable Use
The purpose of a Protected Area with Sustainable Use is to protect ecosystems and their associated cultural values. The designation was created to balance conservation and sustainable resource development and avoid an all-or-nothing approach. The land “must be developed for the benefit of the local and [Indigenous] communities concerned,” with the focus remaining on community participation and the sustainable use of natural resources.
Biodiversity Reserve
Biodiversity Reserves are developed to protect natural settings or a natural monument or to protect representative areas of biodiversity.
Generally, biodiversity reserves have stricter protections compared to sustainable use protected areas, but they permit some activities. On the other hand, ecological reserves do not permit any activities.
Ecological Reserve
Ecological Reserves can be protected for the following three purposes:
- To protect elements of biodiversity in their natural state;
- To preserve land for scientific or educational purposes; or
- To protect habitat for threatened or vulnerable species.[11]
The ecological reserve designation is the strictest form of protection in Quebec: no activity is permitted, and no person may enter the reserve without special permission from the Minister, or in very limited situations.
Agreements and Delegation
By agreement, the Minister can delegate all or some of their powers regarding protected area management to any Indigenous government or community. These agreements must be made public and must specify the powers delegated, the Indigenous government or community’s obligations, and the terms and conditions of the agreement.
However, the Act clarifies that any actions taken by Indigenous governments or communities under these agreements are not binding on the State.
Act respecting the conservation and development of wildlife
Table: Act respecting the conservation and development of wildlife In-Depth
| Wildlife Sanctuary | Wildlife Preserve | |
|---|---|---|
| Legislation | Act respecting the conservation and development of wildlife | Act respecting the conservation and development of wildlife |
| Responsible Government Department | Forests, Wildlife and Parks | Forests, Wildlife and Parks |
| Overall Goals and Values | Conserve, develop, and use wildlife while supporting recreational activities (s. 111) | Preserve wildlife habitat (s. 122) |
| Establishment | Ministerial order (s. 111) | Ministerial order/regulation (s. 122) |
| Strength of Protection (Based on IUCN Protected Area Categories) | VI Protected Area with sustainable use of natural resources | IV Habitat/Species Management Area |
| Decision-Making Authority | Minister responsible for management – can enter into agreements with Indigenous communities to support (s. 24.1) | Minister responsible for management – can enter into agreements with Indigenous communities to support (s. 24.1) |
| Hunting | With permit (with exceptions) | Dependent on regulation (s. 125) |
| Fishing | With permit (with exceptions) | Dependent on regulation (s. 125) |
| Trapping | Dependent on regulation (s. 121) | Dependent on regulation (s. 125) |
| Development | Construction (with permit) (s. 121) | Dependent on regulation (s. 125) |
| Natural Resource Extraction | Dependent on regulation (s. 121) | Dependent on regulation (s. 125) |
| Access | Off-highway vehicle access (with conditions) | Dependent on regulation (s. 125) |
| Activities Allowed | Recreational activities | Dependent on regulation (s. 125) |
| Activities Prohibited | Dependent on regulation (s. 121) | Dependent on regulation (s. 125) |
By ministerial order, the Minister of Forests, Wildlife and Parks (“the Minister”) can create a Wildlife Sanctuary to support the conservation, development, and use of wildlife and related recreational activities, and create a Wildlife Preserve dedicated to protecting wildlife habitat.
To support wildlife conservation and management as well as related Indigenous activities, the Minister can enter into agreements with Indigenous communities.
General Agreements
The Société des établissements de plein air du Québec can enter into agreements to support the management and protection of certain National Parks.
The Minister of Forests, Wildlife and Parks can delegate land management powers to a Band Council. This delegation can include planning and monitoring as well as management of hydraulic, mineral, energy, forest, and wildlife resources.
The Minister of Forests, Wildlife and Parks can delegate park program management to an Indigenous community.
Other Protected Areas
Cultural Heritage Act
The purpose of the Cultural Heritage Act is to protect cultural heritage, including Heritage Cultural Landscapes. A Heritage Cultural Landscape is “a land area recognized by a community for its remarkable landscape features, which are the result of the interaction of natural and human factors and are worth conserving…because of their historical or emblematic interest, or their value as a source of identity.”
On the Minister of Culture and Communications (“the Minister”)’s recommendation by order, the Government can create a Heritage Cultural Landscape. The creation of a Cultural Heritage Landscape must be requested and supported by all concerned municipalities and metropolitan communities. If the request is approved, the applicants must develop a conservation plan outlining the area, protective measures, and economic, social, and cultural uses.
By order, the Government can cancel the Heritage Cultural Landscape if the conservation plan is not being applied or the landscape’s protection has been compromised.
The Minister must develop a consultation policy to support and encourage public participation regarding “knowledge, protection, enhancement and transmission of cultural heritage.”