A Review of Crown Legislation: Saskatchewan

Overview

Saskatchewan offers five main types of protected area designation: provincial parks, park reserves, protected areas, historic sites, and ecological reserves.

The first chart in this section evaluates four of these five designations based on the Indigenous Circle of Experts’ (ICE) characteristics of Indigenous Protected and Conserved Areas (IPCAs) and identifies some overall advantages and disadvantages for IPCA creation. In Saskatchewan, there is no explicit legislative authority for the Minister to enter into co-management agreements with Indigenous governments and communities.

This section then delves into each of the five protected area designations. The charts in this section present information on what activities are permitted and prohibited in each area, as well as the process for creating them. Additional designations, such as heritage properties, are also briefly described.

Table: IPCA Characteristics Assessment, Advantages, and Disadvantages of Parks Act and Ecological Reserves Act

Provincial Park Protected Area Historic Site Ecological Reserve
Legislation Parks Act Parks Act Parks Act Ecological Reserves Act
IPCA Characteristic #1: Indigenous-led No No No No
IPCA Characteristic #2: Long-term commitment to conservation Included in legislation – requires legislative amendment to remove protections Included in legislation – requires legislative amendment to remove protections 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 No explicit powers for joint management or decision-making No explicit powers for joint management or decision-making No explicit powers for joint management or decision-making No explicit powers for joint management or decision-making
Advantages Strong protections

Temporary protections available

Strong protections Strong protections Very strong and flexible protections
Disadvantages No explicit powers for joint management or decision-making No explicit powers for joint management or decision-making No explicit powers for joint management or decision-making

Historical requirements

No explicit powers for joint management or decision-making

Focus on protection to the exclusion of humans

Parks Act

Table:  Parks Act In-Depth

Provincial Park Park Reserve Protected Area Historic Site
Legislation Parks Act  Parks Act  Parks Act Parks Act
Responsible Government Department Parks, Culture and Sport Parks, Culture and Sport Parks, Culture and Sport Parks, Culture and Sport
Overall Goals and Values Protect the environment for enjoyment and education of present and future generations (s. 3) Temporarily protect lands that can be included in future parks or protected area (s. 9) Protect natural, prehistoric, or historic resources of interest or significance (s. 5) Protect significant prehistoric or historic resources (s. 7)
Establishment Act (s. 4) Regulation (s. 9) Act (s. 4) Regulation (s. 9)
Strength of Protection (Based on IUCN Protected Area Categories) II National Park Temporary V Protected Landscape III Natural Monument or Feature

V Protected Landscape

Decision-Making Authority Minister responsible for management (s. 13) Minister responsible for management (s. 13) Minister responsible for management (s. 13) Minister responsible for management (s. 13)
Hunting With licence Dependent on regulation (s. 10) With licence With licence
Fishing With licence (with exceptions) Dependent on regulation (s. 10) With licence (with exceptions) With licence (with exceptions)
Trapping With permit Dependent on regulation (s. 10) With permit With permit
Development With permit Dependent on regulation (s. 10) With permit With permit
Natural Resource Extraction No timber harvesting (unless permitted) (s. 25.1)

No resource use or exploitation (unless permitted)

Dependent on regulation (s. 10) No timber harvesting (unless permitted) (s. 25.1)

No resource use or exploitation (unless permitted)

No timber harvesting (unless permitted) (s. 25.1)

No resource use or exploitation (unless permitted)

Access Motor vehicle access (with permit)

Off-highway vehicle access in certain areas

Dependent on regulation (s. 10) Motor vehicle access (with permit)

Off-highway vehicle access in certain areas

Motor vehicle access (with permit)

Off-highway vehicle access in certain areas

Activities Allowed Outdoor recreational activities Dependent on regulation (s. 10) Outdoor recreational activities Outdoor recreational activities
Activities Prohibited Research, grazing, haying, or removing natural objects (unless permitted) Dependent on regulation (s. 10) Research, grazing, haying, or removing natural objects (unless permitted) Research, grazing, haying, or removing natural objects (unless permitted)

 

The Parks Act works to protect lands and natural and historic resources for the benefit of present and future generations.

Provincial Park

Cabinet can create a Provincial Park by including it in the Parks Act. Parks can be classified as one of the following types:

  • Historic Parks
    • Main Purpose: To preserve and interpret historic resources.
  • Recreation Parks
    • Main Purpose: To support outdoor recreation.
  • Natural Environment Parks
    • Main Purpose: To protect natural landscapes and provide recreational opportunities.
  • Wilderness Parks
    • Main Purpose: To preserve natural landscapes and support low impact recreation.

The Minister of Parks, Culture and Sport (“the Minister”) is responsible for managing Provincial Parks

Protected Area

Cabinet can create a Protected Area by including it in the Parks Act. These areas are protected to ensure the preservation of natural and historic resources. The Minister is responsible for managing Protected Areas.

Recreation Site

By regulation, Cabinet can create a Recreation Site to provide public recreational opportunities. The Minister is responsible for managing Recreation Sites.

Historic Site

By regulation, Cabinet can create a Historic Site to protect historic resources. The Minister is responsible for managing Historic Sites.

Park Reserve

By regulation, Cabinet can create a Park Reserve to temporarily protect lands while determining whether they should be transformed into a Provincial Park or Protected Area. A regulation creating a Park Reserve expires after five years. Park Reserves are managed as public lands but cannot be sold, transferred, or altered.

Ecological Reserves Act

Table: Ecological Reserves Act In-Depth

Ecological Reserve
Legislation Provincial Lands Act, 2016 and The Representative Area Ecological Reserve Regulations (established under the repealed Ecological Reserves Act)
Responsible Government Department Environment
Overall Goals and Values Protect representative ecosystems and provide opportunities for scientific research and ecological monitoring
Establishment Regulation
Strength of Protection (Based on IUCN Protected Area Categories) Ia Strict Nature Reserve
Decision-Making Authority Minister responsible for management
Hunting Permitted
Fishing Permitted
Trapping Permitted
Development Site-specific
Natural Resource Extraction Site-specific
Access Site-specific
Activities Allowed Low-impact recreational activities, including hiking and nature appreciation
Scientific research (with permit)
Activities Prohibited Site-specific

By regulation, Cabinet can create an Ecological Reserve to protect unique or representative ecosystems.

Other Protected Areas

Heritage Property Act

A Heritage Property includes any property that is of interest due to its “historical, cultural, environmental, archaeological, palaeontological, aesthetic, or scientific value.”

By order, the Minister of Parks, Culture and Sport (“the Minister”) can create a Heritage Property. Land for Heritage Properties can be purchased or acquired by the Minister.

Once a Heritage Property is protected, it cannot be damaged, destroyed, or changed without the Minister’s permission.However, the Heritage Property can be cancelled after the Minister provides public notice.

A weakness of the Heritage Property Act is that the Minister can exempt certain properties from protection if protecting them would prevent “a development project that is of major significance to and benefit for the people of Saskatchewan.”