Parks and other Protected Areas

This Learning Module describes lands designated as parks and other protected areas under British Columbia (BC) legislation, which is one of two distinct perspectives on protected areas in British. The other distinct perspective is Indigenous-led protected areas, which is covered under a complementary Learning Module on Indigenous Protected and Conserved Areas.

The term “protected area” is most readily associated with provincial parks.  However, under BC legislation, “protected areas” should be understood as a general term that refers to lands that are protected with varying degrees of purpose, scope and strength, and enabled under different legislative frameworks.  Accordingly, this module covers the breadth of protected areas in BC under the following three categories:

• Protected lands (covers 15.4% of BC);
• Resource exclusion areas (covers 12.4% of BC);
• Spatially managed areas (covers 24.5% of BC).^[1]

The BC Government describes these types of protected areas as land designations that contribute to conservation.  These designations include spatially-defined areas established through legislation or purchased for the following purposes:  protection of nature and cultural values; conservation of biological diversity and ecosystem services; and management of natural resources.  The latter aims to balance conservation and economic opportunities.  In this sense, conservation is more general than protected areas.  We use the latter term because it is more common within the field of land use planning.

The information below about the three categories of protected areas draws from on-line information of the Ministry of Environment and Climate Change Strategy, in particular:

BC Parks

Land & Forests:  Land Designations that Contribute to Conservation in BC

And the corresponding reports:

BC Parks (2015). Summary of Protected Area Designations and Activities. Victoria, British Columbia: Ministry of Environment and Climate Change Strategy.

Environmental Reporting BC (2017). Land Designations that Contribute to Conservation in B.C. Victoria, British Columbia: State of Environment Reporting, Ministry of Environment and Climate Change Strategy.

Protected Lands

This Module began by stating that “protected areas” refers to more than just provincial parks.  Here, we must also recognise that “protected lands” includes types of protected areas beyond what most people think of as a provincial park.  What people are most familiar with and commonly associate with provincial parks are most likely to be Class A Provincial Parks.  As will be covered, there are other options included under protected lands.

Parks and protected areas are lands administered by BC Parks.  The primary purpose is to ensure the long-term conservation of nature and cultural values.  As summarised in Table 1, in addition to three classes of provincial parks, protected lands also include recreation areas, conservancies, designations under the Environment and Land Use Act, and ecological reserves.

Table 1.  Parks and Protected Areas System Administered by BC Parks
(as of December 15, 2015)

Designations

The Park Act [RSBC 1996] Chapter 344 enables the provincial government to declares the following designations for Crown land.

Classification of parks, conservancies and recreation areas

5(1) The Lieutenant Governor in Council may

(a) establish an area of Crown land as a Class A, Class B or Class C park, or as a conservancy or recreation area, or

(b) designate land in a park, conservancy or recreation area as a designated wildland area,

Additional powers for Crown land

6   (1) If

(a) an order has been made in respect of Crown land under the Environment and Land Use Act,

(b) Crown land has been designated as green belt land under the Greenbelt Act,

(c) Crown land is a heritage site under the Heritage Conservation Act,

(d) land is leased to the government or to an agent of the government for public outdoor recreation,

(e) land is owned by a person who has entered into an agreement with the government or with an agent of the government respecting the use of the land for outdoor recreation,

(f) land is owned by a person who has entered into an agreement with the government or an agent of the government respecting the conservation, preservation or protection of the land or an amenity in relation to it,

(g) a trail, path or waterway owned by the government is available for use by the public as a trail or path, or as a waterway for canoes or small boats, or

(h) Crown land is established or continued as an ecological reserve under the Ecological Reserve Act or by the Protected Areas of British Columbia Act,

the Lieutenant Governor in Council may, by order made under this and any other applicable Act, authorize the minister to manage and administer the land, or the trail, path or waterway, or the interest of the government in it.

Class A Park

As per the Park Act (5(3)), a Class A park is “dedicated to the preservation of their natural environments for the inspiration, use and enjoyment of the public.”  Class A parks can be established by either order in council under the Park Act or by inclusion in a schedule to the Protected Areas of British Columbia Act.  Uses of Class A parks are managed under the Park Act, which set conditions for issuing park use permits.  A defining characteristic of a Class A park is that a park use permit can be issued only if, as per s. 8(2) of the Park Act, “to do so is necessary to preserve or maintain the recreational values of the park involved.”  On the date a park is established, activities already authorized by the province may be allowed to continue, excluding commercial logging, mining, and hydro electric development.

Class B Park

Class B parks are established by order in council under the Park Act.  A Class B park is similar to Class A parks except when issuing a park use permit.  Under s. 8(4) of the Park Act, a park use permit can issued when the use “is not detrimental to the recreational values of the park concerned.”  This looser test for permitted uses allows for a broader range of activities.

Class C Park

Conservancy

Under the Park Act (5(3.1)), Conservancies are established for the following purposes:

(a)  for the protection and maintenance of their biological diversity and natural environments,

(b) for the preservation and maintenance of social, ceremonial and cultural uses of first nations,

(c)  for protection and maintenance of their recreational values, and

(d) to ensure that development or use of their natural resources occurs in a sustainable manner consistent with the purposes of paragraphs (a), (b) and (c).

A conservancy is Crown land that can be designated under the Park Act or by the Protected Areas of British Columbia Act.  A conservancy is managed according to conditions established by the Park Act.  Several characteristics set conservancies set them apart from Class A, B, and C parks.  Namely, in addition to maintaining biological diversity and natural environments, a conservancy recognises the importance of social, ceremonial, and cultural uses of an area by Indigenous Peoples.  The conservancy designation was created in 2006.  Compared to uses permitted in Class A parks, the uses in a conservancy are broader.

Recreation Area

A recreation area is Crown land reserved or set aside for public recreational use, as established by order in council.  Although there are restrictions on the sale, lease, or disposal or recreation areas, a wider range of uses are permitted compared to parks.

Ecological Reserve

Ecological reserves are established under the Ecological Reserve Act, as follows.

2   The purpose of this Act is to reserve Crown land for ecological purposes, including the following areas:

(a) areas suitable for scientific research and educational purposes associated with studies in productivity and other aspects of the natural environment;

(b) areas that are representative examples of natural ecosystems in British Columbia;

(c) areas that serve as examples of ecosystems that have been modified by human beings and offer an opportunity to study the recovery of the natural ecosystem from modification;

(d) areas where rare or endangered native plants and animals in their natural habitat may be preserved;

(e) areas that contain unique and rare examples of botanical, zoological or geological phenomena.

Ecological reserves can also be established by inclusion in schedules to the Protected Areas of British Columbia Act.  Among all protected area designations for Crown lands, ecological reserves are the most highly protected and all extractive activities are prohibited.  Scientific research and educational activities are the principle uses of ecological reserves.  Most ecological reserves are open to the public only for non-consumptive uses.  The Ecological Reserve Regulations identifies uses that are not permitted in an ecological reserve.

Designation under the Environment and Land Use Act

Protected area designations can be established under the Environment and Land Use Act by order in council.  These designations are made by a Land Use Committee of Cabinet, which sets specific provisions via the order in council, including requirements to adhere to elements of the Park Act and regulations.

Resource Exclusion Areas

Resource exclusion areas, which cover 12.4% of BC, include designations that fully exclude one or two resource activities, such as forestry, mining, or large-scale hydro-electric development.  The excluded resource activity is often a primary threat to biodiversity.  Examples of types of resource exclusion designations, and corresponding legislation, are included in Table 2.

Table 2. Types of resource exclusion areas and enabling legislation

Spatially Managed Areas

Spatially managed areas, which cover 24.5% of BC, combine resource management and conservation.  Importantly, in these areas, conservation is not the sole or primary objective.  Designations for spatially managed areas vary significantly in purpose and scope.  Designations under the Forest and Range Practices Act include the following:

• Conditional-harvest Wildlife Habitat Areas;
• Conditional-harvest Ungulate Winter Range; and,
• Visual Quality Objectives.

Important Fisheries Watersheds, among other legal objectives, can be established under the Land Act. For example, spatially-managed watersheds have been established for the Great Bear Rainforest and on Haida Gwaii (refer to the Natural Resource Planning Application and supporting materials).