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Manitoba Winnipeg, Manitoba, Canada R3T 2N2 An Evaluation of Protected Areas Legislation with Recommendations for the Northwest Territories by Patrick Hawkins-Bowman A Practicurn Submitted to the Faculty of Graduate Studies In Partial Fulfillment of the Requirements for the Degree of MASTER OF NATURAL RESOURCES MANAGEMENT Natural Resources Institute The University of Manitoba Winnipeg, Manitoba, Canada R3T 2N2 June, 1997 National Cibfary Bibliothèque nationale 1*m ofCanada du Canada Acquisitions and Acquisitions et Bibliographie Senrices services bibliographiques 395 WeûiiStreet 395. rue Weiiingtm OtîawaON KlAW Ottawa ON K1A ON4 Canada canada The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distriiute or seU reproduire, prêter, distri-buer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/fïlm, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otheTWise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. THE UNIVERSITY OF MANITOBA FACULTY OF GRADUATE !5TUDIES COPYRIGHT PERMISSION PATRICK BdWKINS-BCXdMU A ThesidPracticurn submitted to the Faculty of Graduate Studies of the University of Manitoba in partial fuKüIment of the requirements for the degree of WTER OF mTuI?AL BESoUBCES BumEmmT (c) Patrick Eavkins-Bo- Permission has been granted to the LIBRARY OF THE UNIVERSITY OF MANITOBA to lend or seil copies of this thesidpracticum, to the NATIONAL LIBRARY OF CANADA to microfdm this thesidpracticum and to lend or sel1 copies of the film, and ta UNIVERSITY MICROFXLlMS NC. to publish an abstract of this tbesidpracticum.. This reproduction or copy of this thesis has been made available by authority of the copyright owner solely for the purpose of private study and research, and may only be reproduced and copied as permitted by copyright laws or with express written authorization from the copyright owner. AItmuçr The purpose of this study was to infonn the Govenment of the Northwest Temtories legislative development process with regards to protected areas. Specifically, the objectives were to: select a jurisdiction in Canada which had a broad suite of protected areas options as a case study; to evabte the strength of protected areas legislation in that jinisdiction in te- of amount of protection provided by the statutes; to consider the interactions between protected areas legislation and mining legislation in the jurisdiction; and, to make recommendatiow regarding design of legislation and protected areas initiatives in the Northwest Territones. Manitoba was used as the jurisdictionai case study, and the following legislation was examined: The Ecological Reserves Act, The Provincial Parks Act, those sections of The Wildlife Act pertaining to Wildlife Management Areas, those sections of The Forest Act pertaining to Provincial Forests, The Manitoba Habitat Heritage Acf The Conservation Districts Act, and The Heritage Resources Act Each piece of legislation was evaluated, through cornparison to ideal critena outlined in the literature, in temis of the ecological protection provided to the respective lands. In addition, the interactions between the protected areas legislation and mining statutes were explored to identiQ exclusions of, or modifications to, general minhg statutes in the protected areas. The current application of the suite of protected area tools in Manitoba was categorized quantitatively on the WCN categorization system, and was compared to similar data available in the jurisdictions of Saskatchewan and British Columbia to allow for a relative evaluation. Results show îhat Manitoba's statutes which are worth censideration as models for legislation in the Northwest Temtories are the Provincial Parks Acf the Heritage Resources Act, and the Manitoba Habitat Heritage Act Protected Areas legislation for the NWT does not requùe the high number of statutes present in Manitoba, but statutes enacted must meet the maximum level of structural protection as identified in the literature. Ail areas qualifying in one of the six IUCN categories should be considerd for An Evafuation of Pmtected Areas Legishion with Recommendorionr for tk Northwest Temirories Page ii their contribution to any prutected areas initiative, and measureable goals based on the IUCN categones shouid be set out initially to allow for effective fûture progress evaluations. -- - .- An Evahation of ~rbtectedA- Legirhtioon wifhRecomnendatiom for the Northwest Territories Page iii GCKNO'WLEDGMENTS The issue fiamework and financiai support for this work came from the Governent of the Northwest Temtories. Support and input fiom Doug Matthews, Scott Matheson, and Martin Irving of the Minerais, Oil and Gas Division, as well as Kate Hem of Indian and Northem Mairs were invaluable in the research process. Without exception, the staffat Manitoba Naturai Resources, Manitoba Culture, Heritage and Citizenship, the Manitoba Habitat Heritage Corporation, Manitoba Rural Development, and the various Consemation Districts were exceptionally helpful and cooperative. 1 am disappointed tbat more assistance was not provided by Manitoba Energy and Mines, as their cooperation may have contributed to a stronger fuial product, a more comprehensive evaluation of Manitoba's current situation, and, most importantly, a clear signal that outside participation in Manitoba's Protected Areas process was welcomed by the stakeholders. Ln fact, participation may be welcomed by the administration, but such enthusiasm is cleariy not universally shared by the various civil servants in the department. 1 must thank the faculty who have inspired me throughout my degree, particularly Ionathon Scarth, Betsy Troutt, and the faculty associated with the Natural Resources Institute. John Sinclair played an important role as my advisor and advocate, but that never stopped him fiom challenging the ideas contained herein. Although this clearly contributed to a stronger final product, it will be a nice change to get out into the reai world where the academic credentials 1 have now acquVBd will have colleagues gawking in awe. OK, so perhaps 1 will not miss John's relatively tame devil's advocacy after dl. 1 cannot forget to give credit to my friends for their support and to my parents and family for lifelong educatiod encouragement. Lastly, I must thank my wife Amy, who makes my sou1 soar each and every day. It would diminish your role to limit my thanks to your support, your encouragement, or the inspiration you provided. I could not have begun this without you, and could not have fullshed it without neglecting you. I am now more indebted to you than ever. An EvaIuation of Protected Areas Legisiation with Recornmendafions for the Northwesr Territories CHAPTER 1: INTRODUCTION ............................................ 1 1.1OVERVIEW .................................................. 1 1.1.1 Protected Areas Networks ................................. 1 1.1.2 Mineral Development in Canada ........................... 2 1.1.3 Background Issues between Mineral Developments and Protected Areas ...............................................3 f .2 PROBLEM STATEMENT ...................................... -4 1.3OBJECïWES ................................................. 5 1.4 SYNOPSIS OF METHOOS ..................................... -5 1.5SCOPE ....................................................... 6 1.6 ORGANlZATION OF THE STUDY .............................. -7 CHAPTER II: REVIEW OF RELATED LITERATURE ........................-8 2.1 REVIEW OF RELATED LITERATURE ...........................-8 2.l.lIntroduction ............................................ 8 2.1.2 Historical Overview of Protected Areas ......................8 2.1 -3 Ecological Considerations in Protected Areas .................9 2.1.4 Criteria for Protected Areas Legislation ..................... 12 2.1 -5 Mineral Development in Protected Areas .................... 15 2.2 RELATED LEGAL PROVISIONS ................................ 17 2.2.1 Land Management in Manitoba ........................... 17 2.2.2 Mines Legislation ...................................... 19 2.2.3 Environmental Assessrnent and Licencing ................... 21 2.2.4 Manitoba's Endangered Spaces Plan ...................... -21 2.3s-Y ..................................................22 CHAPTER1II:METHODS ............................................... 23 3.1INTRODUCTION ............................................. 23 3.2 REVIEW AM3 EVALUATION OF LEGISLATION .................. 24 3.2.1 Manitoba's Protected Areas Legislation .................... -24 3 1.2 Evaluation of Designatiom .............................. -25 3.3 EXAMNATION OF INTERACTIONS TKITH MINING STATUTES ... -26 3.4 EVALUATI:ON OF THE SmOF PROTECTED AREAS OPTIONS .. -27 CHAPTER TV .REVIEW AND EVALUATION OF LEGISLAT'ION .............29 4. I TOOLS AVAILABLE FOR PROTECTING LANDS IN MANITOBA ....29 4.2 THE ECOLOGICAL RESERVES ACT ........................... -30 4.2.1 Evaluation of Ecologicd Reserve Legislation ................ 31 4.3 PROVINCIAL PARKS ACT ..................................... 33 4.3.1 Evaluation of Provincial
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