Canada National Parks Act

The Canada National Parks Act is federal legislation that provides protection for outstanding natural areas of national significance.  It is administered by Parks Canada.  The Act allows for two main types of designations:

·        National parks, and

·        National park reserves

In addition, wilderness areas may be designated within national parks. 

National Parks

The Canada National Parks Act dedicates national parks to “the people of Canada, for their benefit, education and enjoyment” and requires that they be “maintained and made use of so as to leave them unimpaired for the enjoyment of future generations.”

Natural resources in national parks are protected by the requirement that "maintenance of ecological integrity through the protection of natural resources shall be the first priority when considering park zoning and visitor use in a management plan."  Development in parks, such as ski areas and townsites (such as Banff) are specifically authorized in other provisions of the Act and regulations.

Parks Canada, the federal agency that manages national parks, is pursuing a plan throughout Canada, which will complete the national park system. Some candidate areas have been proposed within British Columbia.

Pursuant to the Pacific Marine Heritage Legacy Agreement, the provincial and federal governments are working towards establishing a new national park in the southern Gulf Islands. Present activity includes the purchase of properties on a willing buyer-willing seller basis.

National Park Reserves

National park reserves are areas designated under the Canada National Parks Act where outstanding matters still need to be resolved. For example, the Gwaii Haanas National Park Reserve was established to protect the natural and cultural heritage values of the area and bring it under federal jurisdiction, but at the same time allow the federal government to negotiate outstanding matters of aboriginal rights and title with the Haida First Nation. Specific provision for this national park reserve was made by adding section 8.5 to the Canada National Parks Act to allow the federal Cabinet to establish the reserve "pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests."

The provisions of the Act that protect the environment apply to park reserves as if it were a full-fledged national park, but the federal Cabinet "may make regulations respecting the continuance of traditional renewable resource harvesting and Haida cultural activities by people of the Haida Nation." The minister responsible for national parks may enter into an agreement with the Council of the Haida Nation respecting the management and operation of the area.

Two areas in British Columbia are designated as national park reserves: Gwaii Haanas National Park Reserve and Pacific Rim National Park Reserve. 

Wilderness areas in National Parks

Areas within national parks may be declared to be wilderness areas if they are "in a natural state or [are] capable of returning to a natural state." The declaration is made by a regulation passed by the federal Cabinet.

The effect of wilderness area status is that it restricts the Minister of Environment and Parks Canada from authorizing any activity "that is likely to impair the wilderness character of the area," subject to certain exceptions. Exceptions include activities that the minister considers necessary for:

·         park administration;

·         public safety;

·         basic user facilities, including trails and rudimentary campsites;

·         traditional renewable resource harvesting activities specifically authorized in the Act, or any other Act of Parliament; or

·         access by air to remote parts of such areas.

How and Where National Parks may be Established

National parks are established by the Parliament of Canada approving the listing of a national park in a schedule to the Canada National Parks Act.  Normally the federal government would have to own the land or have management rights established through federal-provincial agreements.  Additions to existing national parks may be made simply by published proclamation of the federal Cabinet.  New parks are identified under the National Parks Plan.

Management Plans for National Parks

Within five years of park establishment, a management plan that has been developed through public consultation must be presented to Parliament.  The plan must contain a long-term ecological vision for the park, a set of ecological integrity objectives and indicators and provisions for resource protection and restoration, zoning, visitor use, public awareness and performance evaluation.

 Public Input and Reporting

The National Parks Act requires Parks Canada to "provide opportunities for public participation at the national, regional and local levels in the development of parks policy, management plans and such other matters as the Minister deems relevant."

Every two years a report must be presented to Parliament on the state of the parks and progress towards establishing new parks.

Related Guide Pages:

·                     Park Act (British Columbia)

·                     Local Government Parks

For more information on the National Parks Act:

·                     Electronic version of the Canada National Parks Act.

·                     Parks Canada web site.

·                     Canadian Parks and Wilderness Society web site.