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National Framework for Canada's Network of Marine Protected Areas

National Framework for Canada's Network of Marine Protected Areas

National Framework for Canada's Network of Marine Protected Areas (PDF, 845 KB)

Table of Contents

Annex 3: Federal, Provincial and Territorial Legislation and Regulations Related to Marine Protected Areas and Related Conservation Measures

Table 1. Federal/provincial /territorial legislation or regulation under which protected areas or related marine management measures are established (current as of April 2011)

In keeping with Guiding Principle #2, MPAs should be established in a manner consistent with applicable land claims agreements and treaties, not listed in this Annex.

Legislation / Regulation Type of Area Department/Agency Purpose
FEDERAL GOVERNMENT
Oceans Act, 1996, c.31 Oceans Act Marine Protected Area (OAMPA) Fisheries and Oceans Canada (DFO) To conserve and protect fish, marine mammals, and their habitats; unique areas; areas of high productivity or biological diversity
Fisheries Act, 1985, c.43 Fishery closure As above To conserve and protect fish and fish habitat; to manage inland fisheries (among other purposes)
Canada National Marine Conservation Areas Act, 2002, c. 18 National Marine Conservation Area (NMCA) Parks Canada Agency (PC) To conserve and protect representative examples of Canada's natural and cultural marine heritage and provide opportunities for public education and enjoyment
Canada National Parks Act, 2000, c.32 National Park As above To protect representative examples of Canada's natural heritage for the benefit, education and enjoyment of Canadians
Canada Wildlife Act, R.S., 1985, c. W-9 National Wildlife Area (NWA) Environment Canada (EC) To conserve and protect habitat for a variety of wildlife, including migratory birds and species at risk
Migratory Birds Convention Act, 1994 Migratory Bird Sanctuary (MBS) As above To conserve and protect habitat for migratory bird species
Species at Risk Act, 2002 Protected critical habitat DFOPC and EC To protect and recover wildlife species at risk in Canada
Canada Shipping Act, 2001, art 136. (1), f) Vessel Traffic Services Zone Transport Canada To regulate or prohibit the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment
BRITISH COLUMBIA (BC)
Park Act, R.S.B.C. 1996, c. 344 Park Ministry of the Environment To protect representative ecosystems, and special natural, cultural and recreation features; and to provide outdoor recreation in natural environments for the inspiration, use and enjoyment of the public
As above Conservancy As above Conservancies are set aside for protection of biological diversity, natural environments and recreational values, and the preservation and maintenance of First Nations' social, ceremonial and cultural uses
Ecological Reserve Act, R.S.B.C. 1996, c. 103 Ecological Reserve As above Reserve Crown land for ecological purposes, including areas suitable for research and education, that are representative of natural ecosystems in British Columbia, that are examples of modified environments that can be studied for their recovery, and that are habitats of rare, endangered or unique species.
Environment and Land Use Act, R.S.B.C. 1996, c. 117 Protected Area As above To protect representative examples of: ecosystems; recreational and cultural heritage; and special natural, cultural heritage and recreational features
Land Act Designated Wildlife Reserve Ministry of Forests, Lands and Natural Resource Operations Sensitive habitat or habitat important for the conservation or well-being of species may be protected for specified time periods (e.g. 5-60 years), often as an interim measure before their ultimate establishment as a wildlife management area
Wildlife Act 2003 Wildlife Management Area As above To conserve and protect fish, wildlife and their habitats
MANITOBA (MB)
The Provincial Parks Act, C.C.S.M., c. P-20 Provincial Park Manitoba Conservation Purpose depends on park type: wilderness parks preserve natural landscapes; heritage parks preserve human / cultural resources; natural parks preserve natural landscapes and accommodate recreation and resource use; recreation parks provide outdoor recreation
As above Park Reserve As above Park reserve status is used to temporarily protect (up to 5 years) an area being considered for full protected area status
The Ecological Reserves Act, C.C.S.M., c. E-5 Ecological Reserve As above Preserve unique and rare natural (biological and geological) features of the province; provide for ecosystem and biodiversity preservation, research, education and nature study
The Wildlife Act, C.C.S.M., W130 Wildlife Management Area As above Wildlife Management Areas exist for the benefit of wildlife and for the enjoyment of people; they play an important role in biodiversity conservation and provide for a variety of wildlife-related forms of recreation (often including hunting and trapping)
The Forest Act, C.C.S.M., F150 Provincial Forest As above Protection of ecologically significant forest landscapes
ONTARIO (ON)
Provincial Parks and Conservation Reserves Act 2006 Provincial Park Ministry of Natural Resources Permanent protection of a system of provincial parks and conservation reserves that includes ecosystems that are representative of all of Ontario's natural regions; protects provincially significant elements of natural and cultural heritage; maintains biodiversity; and provides opportunities for compatible, ecologically sustainable recreation
As above Conservation Reserve As above As above
Wilderness Areas Act 1990 Wilderness Area As above Protection; intended to protect the natural state of a specific area
QUEBEC (QC)
Natural Heritage Conservation Act, R.S.Q. 
c.C-61.01
Aquatic reserves Ministère du Développement durable, de l'Environnement et des Parcs Protect all or part of a body of water or watercourse, including associated wetlands, because of the exceptional value it holds from a scientific, biodiversity-based viewpoint, or to conserve the diversity of its biocenoses or biotopes
As above Biodiversity reserves As above Maintain biodiversity and in particular an area established to preserve a natural monument — a physical formation or group of formations — and an area established as a representative sample of the biological diversity of the various natural regions of Québec
Parks Act, R.S.Q. 1977, c. P-9 National Parks (conservation / recreation) As above National parks in Quebec are actually provincial parks protected for conservation and recreation uses. Federally protected National Parks exist in Quebec but are referred to as National Parks of Canada
Ecological Reserves Act, R.S.Q. 1977, c. R-26.1 Ecological Reserves As above Conserve habitat in a natural state; reserve habitats of scientific, and in some cases educational, interest; and protect threatened or vulnerable species of plants and wildlife
An Act respecting the Saguenay - St. Lawrence Marine Park Saguenay - St. Lawrence Marine Park As above Specifically for protecting the designated area of the Saguenay - St. Lawrence encompassed in this protected area
An Act respecting the conservation and development of wildlife Waterfowl Gathering Areas As above Protection of habitat specifically for waterfowl, 352 of which include intertidal or subtidal components
NEW BRUNSWICK (NB)
Parks Act, S.N.B 1982, c. P-2.1 Provincial Parks New Brunswick Tourism; Department of Natural Resources Provincial parks include areas protected as recreational parks, campgrounds, beaches, wildlife parks, picnic grounds, resource parks or reserves. Primarily managed by Department of Tourism
Protected Natural Areas Act (replaced: Ecological Reserves Act) Protected Natural Areas (class 1) As above Lands and waters permanently set aside for conservation of biological diversity. All activities are prohibited except by permit from DNR
see above Protected Natural Areas (class 2) As above Areas permanently set aside for the conservation of biological diversity, where certain recreational activities having minimal impact will be allowed
Crown Lands and Forests Act N/A As above Legislative basis for the development, utilization, protection, and integrated management of Crown land resources, including access and recreation on Crown lands as well as rehabilitation of Crown lands
NOVA SCOTIA (NS)
Wilderness Areas Protection Act, S.N.S. 1998, c. 27 Wilderness Areas Department of Environment Protect typical examples of Nova Scotia's natural landscapes, biological diversity, and wilderness recreation activities
Provincial Parks Act, R.S.N.S. 1989, c. 367 Provincial Parks Department of Natural Resources Protection of land for wilderness recreation and ecological preservation
Special Places Protection Act, R.S.N.S. 1989, c. 438 Protected Sites/Nature Reserves Department of Tourism, Culture & Heritage/ Department of Environment Protect areas of archeological or historical significance/ areas of ecological significance
Beaches Act Protected Beaches Department of Natural Resources Protects designated beaches and their associated dune systems and regulates and controls land-use activities on the beach that may negatively impact the beach ecosystem
Conservation Easements Act Conservation Easements Department of Natural Resources Designated organizations may hold conservation easements granting rights and privileges over the owner's land for the purposes of protecting, restoring or enhancing areas of ecological or archaeological significance
Wildlife Act Wildlife Management Areas Department of Natural Resources Wildlife Management Areas exist for the benefit of biodiversity conservation, wildlife habitat protection and management, and for the enjoyment of people; they play an important role in biodiversity conservation and provide for a variety of wildlife-related forms of recreation (often including hunting and trapping); allowable activities are described in regulation
PRINCE EDWARD ISLAND (PEI)
Natural Areas Protection Act, R.S.P.E.I. 1988, c. N-2 Natural Areas Department of Environment, Energy and Forestry Protection of ecologically significant sites including sand dunes, marshes, offshore islands, marine areas
Wildlife Conservation Act Wildlife Management Areas As above Protection of wildlife habitat
Recreation Development Act, R.S.P.E.I. 1988, c. R-8 Provincial Parks Department of Tourism and Culture Legislation that can be used to create Provincial Parks, supports and provides direction for the management of Provincial Parks, clarifies activities that are permitted / prohibited in these parks, can protect beaches. These Parks are primarily protected for the purpose of Tourism and recreation
NEWFOUNDLAND AND LABRADOR (NL)
Wilderness and Ecological Reserves Act, R.S.N. 1990, c. W-9 Wilderness / Ecological Reserves Department of Environment and Conservation Protection of natural heritage and biodiversity and provide opportunities for learning, research and recreation
Provincial Parks Act, R.S.N. 1990, c. P-32 Provincial Parks As above Protect the natural environment including flora and fauna through promotion of conservation and prohibiting certain activities such as hunting and resource harvesting
Wild Life Act,RSNL 1990 Chapter W-8 Wildlife Reserves Department of Environment and Conservation An area set aside for protection, preservation or propagation of wildlife through restrictions on activities such as fishing
Endangered Species Act, SNL 2001 Chapter E-10.1 Recovery and Critical Habitat As above Legislation is not specifically designed to create protected areas but it can prescribe land-use activities and has implications for the establishment and management of protected areas
Lands Act, SNL 2001 Chapter 36 Crown Reserves Department of Environment and Conservation S.8 of the Lands Act allows the minister to create a reserve up to 100ha. Reserves over 100ha must be approved by the Lieutenant-Governor in Council. Crown land is then set aside for a specific purpose and is referred to as alienated crown land.
As above Special Management Areas (SMAs) As above S.57 of the Lands Act allows the Lieutenant-Governor in Council to grant temporary or permanent protection to an area - declare an SMA. S.58 allows administration and control of the SMA to be designated to the minister of another department.
Water Resources Act,SNL 2002 cW-4.01 N/A Department of Environment and Conservation Legislation is used to ensure the continuing availability of clean water for the environmental, social and economic well-being of the province. Provisions under this act can have positive implications towards conservation of coastal and marine areas
YUKON TERRITORY (YT)
Parks and Land Certainty Act, S.Y. 2001, c. 46 Ecological reserves Department of Environment Protect unique natural / ecological areas or habitat for rare plants or animals
As above Natural Environment parks As above Protect representative / unique landscapes
As above Wilderness Preserves As above Protect an ecological unit in it's natural state e.g. watershed
As above Recreation Parks As above Provide outdoor recreation / education opportunities
As above Special Management Areas As above Protected areas established within a Traditional Area of a Yukon First Nation under a final agreement
Wildlife Act Habitat Protection Areas As above Provide protection for natural habitat and the species that depend on it in a specific area
Yukon First Nation Final Agreement (Note: this is not legislation) Special Management Areas As above Protected areas established within a Traditional Area of a Yukon First Nation under a final agreement
NORTHWEST TERRITORIES (NT)
Territorial Parks Act, R.S.N.W.T. 1988, c. T-4 Cultural Conservation Areas Department of Industry, Tourism and Investment Protect culturally significant sites or landscapes
As above Heritage Parks As above Preserve and protect significant cultural / historical natural areas, physical features, or built environments
As above Natural Environment Parks As above To preserve and protect unique, representative, or aesthetically significant natural areas
As above Recreation Parks As above To encourage an appreciation for the natural environment or to provide for recreational activities
As above Wayside Parks As above To provide for the enjoyment or convenience of the traveling public
As above Wilderness Conservation Areas As above To protect core representative areas that contribute to regional biodiversity, such as landforms, watersheds or wildlife habitats
NUNAVUT (NU)
Territorial Parks Act, R.S.N.W.T. 1988, c. T-4… See NWT details above Department of Environment See NT details above (still in review phase following consolidation of Act and its regulations from NWT)
Wildlife Act (Nunavut) Special Management Areas As above To benefit one or more prescribed classes of wildlife or habitat; to preserve the ecological integrity of the area; to preserve biodiversity; or to provide for the application of special wildlife management rules for the area
As above Critical Habitat As above Where necessary or advisable to protect a listed species, other than a species of special concern
As above Wildlife Sanctuary As above For species management (these areas are continued from previous legislation, and no new ones are to be created)
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