Overview
Yukon offers three main types of protected area designation: natural environment parks, ecological reserves, and wilderness preserves.
The first chart in this section evaluates these three 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 Parks and Land Certainty Act allows for the possibility of park co-management in all cases.
Following this chart, this section delves into more detail on each of the three protected area designations. The in-depth 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 historic sites, are also briefly described.
Table: IPCA Characteristics Assessment, Advantages, and Disadvantages of the Parks and Land Certainty Act
| Natural Environment Park | Ecological Reserve | Wilderness Preserve | |
|---|---|---|---|
| Legislation | Parks and Land Certainty Act | Parks and Land Certainty Act | Parks and Land Certainty 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 | Minister can enter into agreements with Yukon First Nations to support management | Minister can enter into agreements with Yukon First Nations to support management | Minister can enter into agreements with Yukon First Nations to support management |
| Advantages | Strong protections
Co-management |
Strong protections
Co-management |
Strong protections
Co-management |
| Disadvantages | Relatively impermanent protection | Relatively impermanent protection | Relatively impermanent protection |
Parks and Land Certainty Act
Table: Parks and Land Certainty Act In-Depth
| Provincial Park | Conservancy | Recreation Area | |
|---|---|---|---|
| Legislation | Parks and Land Certainty Act | Parks and Land Certainty Act | Parks and Land Certainty Act |
| Responsible Government Department | Environment | Environment | Environment |
| Overall Goals and Values | Protect natural landscapes (s. 2) | Protect natural areas of significance or importance (s. 2) | Protect environment by conserving biodiversity and ecological viability (s. 2) |
| Establishment | Order in Council (s. 11) | Order in Council (s. 11) | Order in Council (s. 11) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park | Ia Strict Nature Reserve | Ib Wilderness Area |
| Decision-Making Authority* | Minister responsible for management (s. 28) – can enter into agreement with Yukon First Nations to support (s. 65) | Minister responsible for management (s. 28) – can enter into agreement with Yukon First Nations to support (s. 65) | Minister responsible for management (s. 28) – can enter into agreement with Yukon First Nations to support (s. 65) |
| Hunting | With licence (with exceptions) | With licence (with exceptions) | With licence (with exceptions) |
| Fishing | With licence | With licence | With licence |
| Trapping | With permit | With permit | With permit |
| Development | Development (with permit) (s. 30) | Limited development (with permit) (s. 30) | Limited development (with permit) (s. 30) |
| Natural Resource Extraction | Oil or gas production from outside Park if no adverse effects (s. 35) | No industrial development (s. 32)** | No industrial development (s. 32) |
| Access | Motor vehicle access (with permit) | Access consistent with protections | Access consistent with protections |
| Activities Allowed | Dependent on zone (s. 22)
Outdoor recreation activities |
Dependent on zone (s. 22)
Outdoor recreation activities |
Dependent on zone (s. 22)
Outdoor recreation activities |
| Activities Prohibited | Removing or damaging natural resources (s. 60) | Removing or damaging natural resources (s. 60) | Removing or damaging natural resources (s. 60) |
* The preamble of the Parks and Land Certainty Act highlights that a goal of the Act is “to establish and manage protected areas with the involvement of…First Nation governments…”
**The Parks and Land Certainty Act defines industrial development as including the “development of mines and minerals, oil and gas, hydro-electric and other energy resources, and agricultural lands; harvesting of timber resources, development of townsites, and any land use, activity, or infrastructure associated with the above.”
The Parks and Land Certainty Act recognizes the Yukon government’s commitment to preserving and protecting representative ecosystems in accordance with the following principles:
- Protect biodiversity and ecological systems;
- Encourage public participation;
- Create and manage protected areas in collaboration with federal and First Nations governments, local communities, and bodies created under Land Claim Agreements;
- Manage protected areas in an open, transparent, and accountable way;
- Create protected areas using traditional knowledge, local knowledge, and science;
- Create protected areas using processes that respect aesthetic, cultural, economic, ecological, intrinsic, and social values;
- Respect rights; and
- Contribute to sustainable economic development.
The purpose of the Parks and Land Certainty Act is to create Territorial Parks for four reasons:
- To implement Settlement Agreements;
- To protect and manage natural areas of territorial significance;
- To provide recreational opportunities; and
- To encourage appreciation of Yukon’s natural environment among present and future generations.
Natural Environment Park
By Order in Council, Cabinet can create a Natural Environment Park to protect unique or significant landscapes. Before creating the Park, it must provide opportunities for public participation.
The Minister of Environment (“the Minister”) can purchase or acquire land to create or increase the size of a Natural Environment Park. A Natural Environment Park can only be decreased or cancelled if the Legislative Assembly approves of this decision.
The Minister must prepare a management plan for each Natural Environment Park and provide opportunities for public participation in this process. The Minister is responsible for managing the Park in a manner consistent with this plan.
Ecological Reserve
By Order in Council, Cabinet can create an Ecological Reserve to protect a unique or significant natural area in its natural state. Before creating the Reserve, it must provide opportunities for public participation.
The Minister can purchase or acquire land to create or increase the size of an Ecological Reserve.
Cabinet can only decrease the area of or cancel an Ecological Reserve if the Legislative Assembly approves of this decision.
The Minister must prepare a management plan for each Ecological Reserve and provide opportunities for public participation in this process. The Minister is responsible for managing the Reserve in a manner consistent with this plan.
Wilderness Preserve
By Order in Council, Cabinet can create a Wilderness Preserve to protect a natural area by conserving its biodiversity and ecological value.
Before creating the Preserve, it must provide opportunities for public participation.
The Minister can purchase or acquire land to create or increase the size of a Wilderness Preserve. Cabinet can only decrease the area of or cancel a Wilderness Preserve if the Legislative Assembly approves of this decision.
The Minister must prepare a management plan for each Wilderness Preserve and provide opportunities for public participation in this process. The Minister is responsible for managing the Preserve in a manner consistent with this plan.
Agreements
The Minister can enter into an agreement with Yukon First Nations to support the management of park lands, including Natural Environment Parks, Ecological Reserves, and Wilderness Preserves.
Yukon Parks notes that “[t]erritorial parks are managed by the Department of Environment’s Parks Branch in collaboration with First Nations and Inuvialuit. [They] work directly with First Nations and Inuvialuit to write park management plans that guide the management of individual parks and…oversee park management together through joint committees.”
Other Protected Areas
Historic Resources Act
Under the Historic Resources Act and by ministerial order, the Minister of Tourism and Culture (“the Minister”) can create a Historic Site. Historic Sites are created to ensure the protection of areas that illustrate the historic or prehistoric development of Yukon or the natural history of Yukon.
Any person or group can nominate a site for protection. This nomination will be referred to the Yukon Heritage Resources Board, which advises the Minister on creating and protecting Historic Sites. At least half of the members of the Yukon Heritage Resources Board must be nominated by governing bodies of Yukon First Nations.
Once a Historic Site is protected, no one can significantly alter its character without the Minister’s permission.