Frequently Asked Questions

 

What is the PAS?

The NWT Protected Areas Strategy (PAS) outlines a community-based process to establish a network of protected areas across the NWT. It recognizes the need to balance conservation and economic development, while respecting Aboriginal rights, third party interests, and land use planning processes.

The goals of the PAS are to identify and protect:

The PAS involves all people and groups with an interest in the land. It promotes a sound approach to land use decision-making by including the best available traditional, ecological, cultural, and economic knowledge.

Who guides the PAS?

A Steering Committee of 14 organizations guides the implementation of the PAS. This group advises territorial and federal ministers on how best to develop a network of protected areas across the NWT. Steering Committee members include:

Eight Aboriginal Groups & Governments
Two Industry Groups
Two Environmental Non-Governmental Organizations
The Federal and Territorial Governments

What is a protected area?

The definition of protected area used by the PAS is that of the International Union for the Conservation of Nature (IUCN):  An area of land or sea especially dedicated to the protection and maintenance of biological diversity, and its associated natural and cultural resources, managed through legal or other effective means.  Under the strategy, the purpose of a protected area is to safeguard specific natural and cultural values and to preserve areas representative of each ecoregion.

Communities and their protected areas partners discuss why they want an area protected, and decide how much protection is needed. This helps them choose a sponsoring government agency with the appropriate laws for protecting the land. Laws give long-term protection and make it hard to change or remove the protection.

The PAS may provide one of two basic kinds of protection:

Why are protected areas important?

In the past decade, the NWT has experienced increasing pressure to develop northern resources. As this pressure is expected to continue, protected areas are important because they:

How does the PAS work?

The PAS process has eight basic steps. The whole process can take many years and all partners must work together through each stage to successfully set up a protected area.

What laws can create a protected area?

The PAS process uses existing federal and territorial laws to protect the land. Laws provide long-term protection and make it difficult to change or remove protection. The various federal and territorial laws available to create protected areas through the PAS are summarized in a legislative comparison chart (pdf).

Current PAS sites include:

Parks Canada and their partners are developing some National Parks outside the PAS process.

Communities and government may also decide that the PAS is not the best way to protect a special area. The PAS complements other processes that may be used to achieve conservation goals such as land use planning, heritage sites, or heritage river designation.

Where are protected areas being established?

The PAS process is available to communities and regional organizations throughout the NWT who would like to protect special natural and cultural areas.

All proposed protected areas have cultural, ecological and economic values. The PAS recognizes the need to balance conservation and economic development, while respecting the rights of communities and industries.

How are areas chosen for protection?

Areas may be advanced by communities, government, or other stakeholders. However, communities are involved throughout the process, regardless of the organization advancing the site.

A number of factors are considered when advancing sites, including but not limited to: traditional knowledge; current land use; known ecological, cultural, and economic values; support by the relevant community/ regional organization; availability of a sponsoring agency; number of impacted ecoregions; ecological classification of lands; specialized habitat use; concentrations of wildlife; and non-renewable resource assessments.

What is a sponsoring agency and what is their role?

Sponsoring agencies include those federal and territorial government agencies responsible for a law that can create different types of protected areas such as a national park or historic site. Federal sponsoring agencies are the Canadian Wildlife Service, Parks Canada, and Fisheries and Oceans Canada. Territorial sponsoring agencies are the departments of Industry, Tourism and Investment and Environment and Natural Resources.

There has been some research to examine how land use planning authorities or boards or Aboriginal governments could act as a sponsoring agency for land withdrawal and management. This idea needs to be explored further.

What is an "interim land withdrawal"?

Interim land withdrawal is a tool used by government to protect land from development and other activities for a period of time. In the PAS, that period is usually five years, during which no new mining rights can be registered or new oil and gas rights issued. Existing rights are grandfathered. An interim land withdrawal is applied to an area pursuant to the Territorial Lands Act and through a federal Order-in-Council.

What is a "third party interest"?

A person or company has a third party interest when they have the legal right to carry out some kind of activity on an area of land. Different levels of government give a person or company these rights.

Legal rights to land include:

Some third party interests such as outfitting, recreation leases or rural homes may fit well with the protected area's objectives. Some third party interests, such as oil and gas or mineral development, may not fit well with these objectives.

Will a protected areas network prevent meaningful development in the Mackenzie Valley?

The PAS recognizes the need to balance conservation and economic development, while respecting Aboriginal rights, third party interests, and land use planning processes. A network of protected areas helps define the context for responsible resource development by clarifying for all parties how resource development can occur while protecting special natural and cultural areas. This helps everyone gain a better understanding about land status, land use access, and development options.

Why and when was the PAS started?

Protected areas planning at both the federal and territorial levels began well before the NWT Protected Areas Strategy was signed in 1999.  Canada was and is involved in various international agreements to preserve biodiversity, starting from the 1980 World Conservation Strategy, with the goal of stimulating countries to implement national conservation strategies.  At the territorial level, in June 1990 the Government of the NWT released its Sustainable Development Policy with an objective to establish "conservation areas to protect special values related to wildlife and wildlife habitat, unique or representative ecosystems, prime forests, productive agricultural soils, and heritage, recreational, tourism, scientific, and aesthetic resources."  Then in 1991, the discovery of diamonds at Lac De Gras resulted in the largest staking rush in Canadian history. A key issue raised in the Environmental Impact Statement Guidelines for the NWT's first diamond mine (BHP Ekati) was the project's implications for protected areas, along with the cumulative impacts of the staking and other potential mine development.

This helped 'fast-track' the development of the PAS. The PAS was signed on September 27, 1999 by Indian and Northern Affairs Canada (INAC) Minister Nault on behalf of five other federal departments, and by Resources Wildlife and Economic Development (RWED) Minister Kakfwi on behalf of the Government of the Northwest Territories.  For more information, see A History of the Northwest Territories Protected Area Strategy, by William (Bill) Carpenter, Senior Advisor to World Wildlife Fund Canada, Jan 2009.

What is surface and subsurface protection?

Legally the top of the land (surface rights) is managed differently than the underground (subsurface rights) based on mining and oil and gas laws.  Some protected areas have only surface protection.  In these areas, industrial development may be allowed to access subsurface resources if permitted by the appropriate legislative authority. For areas to have no industrial development, they must have both surface and subsurface protection. For example, the PAS states that there should be representative areas in each ecoregion (natural region) that should have no industrial development; these areas need surface and subsurface protection.

What is the difference between the PAS and land use planning?

Protected areas and approved land use plans are important complementary pieces of a strong environmental stewardship framework. Protected areas alone are not enough to make sure the land, water and animals stay healthy. Land outside of protected areas must also be managed to maintain its conservation values. Both land use planning and protected areas initiatives set conditions that control the use of land. Protected areas are usually for long-term protection and generally involve going into partnership with a government agency to use their legislation to protect the land.  Protected areas are designated under legislation such as the Canada Wildlife Act or the Territorial Parks Act and cannot be easily changed. Land use plans establish management zones that describe allowable activities.  Land use plans are reviewed every five years and zoning is subject to change.

What if a company has a mining lease or oil license in a proposed protected area?

The PAS respects all existing legal land interests in the NWT. These include mineral claims, oil and gas exploration licenses, and commercial and residential leases. Wherever possible, the PAS tries to avoid areas where industrial activity has already occurred. Some protected areas may allow some industrial development as long as cultural and ecological values are not compromised. In the case of incompatible interests, cooperative measures will be sought to resolve the conflict.

Does industry have a voice in how and what areas are protected?

Two industry representatives sit on the PAS Steering Committee: one from the Canadian Association of Petroleum Producers (CAPP) and one from the NWT and Nunavut Chamber of Mines. Industry representatives may also be part of working groups that are set up for each potential protected area. A guiding principle of the PAS is that existing third party rights are always protected.

What types of activities will be allowed in protected areas?

Aboriginal rights to use the land and waters of a protected area are recognized and protected. Industrial activities may be allowed in protected areas as long as they do not damage the values the area was designed to protect. Usually this is determined by what type of legislated protection the area is given. There are many types of protected area designations ranging from full surface and subsurface protection to regimes that may allow industrial development under specific conditions both temporal and spatial. Management plans also state what activities can occur inside a protected area.

Do the boundaries of protected areas take into consideration access routes to development areas?

When there is a concern about a protected area blocking access to an existing or potential industrial development, the boundaries of the protected area may be modified to allow access. An example is the right-of-way created in the Edéhzhíe Candidate Protected Area for the potential Mackenzie Valley pipeline corridor.

Why does the PAS require a non-renewable resource assessment report if development will not be allowed in the protected area anyway?

Assessment reports are a requirement of the PAS to make sure decision-makers have accurate information to make an informed decision about protecting areas and the best boundaries for an area. The information in assessment reports is used to weigh the positive and negative impacts of protecting an area and to help make final management decisions. In addition, certain developments may be represented in protected areas, depending on the management regime.

Where can I get more information about a proposed protected area near a petroleum lease my company holds?

Direct contact with community leaders is always encouraged. The PAS Secretariat can help you contact community leaders and PAS community coordinators for the area. You can also contact industry representatives on the PAS Steering Committee.

As a geologist, I have seen some spectacular landscapes and rare rock formations across the North. Have any protected areas been proposed by anyone besides communities?

Acasta Gneiss, an area of interest under the PAS, was first identified by the NWT Geosciences Office because it is the oldest known crustal rock on earth and is of important scientific value. With support from the Tlįcho communities, Acasta Gneiss may be protected for future generations.

We have a hunting lodge near one of the proposed protected areas. How can we be a part of the decision-making process for the boundaries of the protected area?

Contact the community leaders near the area where your lodge is located. Contact the PAS Secretariat to see if there is a PAS community coordinator or a working group for the potential protected area. If so, you can express your comments and/or concerns to the community coordinator or the working group. You may request representation on the working group. Industry or government representatives on the PAS Steering Committee can also provide assistance.

What protected areas already exist?

Established protected areas in the NWT as of July 20, 2009:

a) Migratory Bird Sanctuaries:

b) with surface and subsurface protection

Name

Area (km²)

Means

Establishment

Tuktut Nogait National Park

18,190

Canada National Parks Act

First established 1998

Sahtu expansion

August 2005

 

Aulavik National Park

12,130

Canada National Parks Act

1992

Nahanni National Park Reserve[1]

30,000

Canada National Parks Act

First established 1972

World Heritage Site designation 1978

Expansion

June 2009

Wood Buffalo National Park (within NWT)

9,340

Canada National Parks Act

1922

Thelon Game Sanctuary

(within NWT)

21,420

Territorial Wildlife Act

1927

Ezôdzítí

1,375

Tlicho Final Agreement

August 2005

Saoyú - æehdacho National Historic Site (with surface and subsurface protection)

5,550

Canada National Parks Act, Sahtu Final Agreement, Territorial Lands Act

NHS Designation

1998

Protection September 2008

Total

98,005

 

 

[1] World Heritage Site designation is an acknowledgement of the area’s international importance; it does not add any additional protection to National Park standards.  The WHS designation is applicable only to the original Nahanni boundaries.