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Park Management ~ Responsibilities

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The Park Act (the “Act”) provides for the establishment, classification and management of parks, conservancies and recreation areas. The Park, Conservancy and Recreation Area Regulation governs Class A and Class B parks, as well as conservancy’s and recreation areas. The Class C Parks Regulation governs Class C parks.

While the minister of the Environment and Climate Change is responsible for parks, other ministers share the mandate. The following sets out the responsibilities of the Ministries.

Environment and Climate Change Strategy: George Heyman

MANDATE:

  • Expanding our network of parks and protected areas by over six thousand hectares, making improvements to recreation sites and parks infrastructure, and working together with First Nations to ensure Indigenous culture and history is respected and reflected in our parks and protected areas.

Forests: Bruce Ralston

MANDATE:

  • With support from the Minister of Water, Land, and Resource Stewardship, accelerate implementation of the recommendations of the Old Growth Strategic Review and actions to protect important old growth forests, and complete the old growth strategic action plan in 2023.

Water, Land & Resource Stewardship (Fisheries): Nathan Cullen

MANDATE:

  • Working with the Ministry of Forests to begin implementation of the recommendations of the Old Growth Strategic Review.
  • With support from the Ministers of Forests and Jobs, Economic Development and Innovation, and the Parliamentary Secretary for Environment, develop a new conservation financing mechanism to support protection of biodiverse areas.
  • Partnering with the federal government, industry, and communities, and working with Indigenous Peoples, lead the work to achieve the Nature Agreement’s goals of 30% protection of BC’s land base by 2030, including Indigenous Protected and Conserved Areas.

The Park Act creates a regime with a variety protected areas:

Class A Parks

Class A Parks are established on Crown land and are dedicated to the preservation of their natural environments, for the inspiration, use and enjoyment of the public (Park Act, s.5[3]). Currently, the majority of Provincial parks in B.C. are Class A.

Additionally, natural resources – other than those taken or hunted in accordance with the Wildlife Act or those pursued for observation, photography or study purposes – must not be granted, sold, removed, destroyed, disturbed, or exploited, unless authorized by a park use permit (Park Act, s.9[1]). Permits granting this authorization must not be issued, unless they are necessary for the preservation or maintenance of the recreational values involved in the park (s.9[2]).

Class B Parks

Class B parks are established by Order in Council under the Park Act and they can permit a broader range of activities and uses. Different from Class A parks, a broader range of activities are permitted in Class B parks. Activities are permitted as long as they are not detrimental to the recreational values of the park. The test to determine whether activities are permitted is whether they would be detrimental to the park or not.

In Class B parks, interest in land must not be granted, sold, leased, pre-empted or otherwise alienated; or made the subject of a license, unless doing so is authorized by a park use permit (Park Act, s.8[2]). Permits granting this authorization must only be issued if the Minister determines that doing so would not be detrimental to the recreational values of the specific park (Park Act, s.8[4]).

Additionally, in Class B parks, natural resources – other than those taken or hunted in accordance with the Wildlife Act or those pursued for observation, photography or study purposes – must not be granted, sold, removed, destroyed, disturbed, or exploited, unless authorized by a park use permit (Park Act, s.9[3]). Permits granting this authorization must only be issued if the Minister determines that doing so would not be detrimental to the recreational values of the specific park (Park Act, s.9[4]).

Class C Parks

Class C parks are established by Order in Council and are generally smaller parks providing local recreational amenities. In Class C parks, only activities that are necessary to preserve or maintain the park’s recreational values are permitted.

Class C parks must be managed by a local board appointed by the Minister (Park Act, s.10[1]) This separate Park Board must have at least three, but no more than seven members (Park Act, s.10[2]). These boards manage and administer the parks under their jurisdiction in accordance with the Act and its regulations (Park Act, s.10[3]). Based on the requirements of the Park Act and the Class C Parks Regulations, the Board is responsible for determining the allowable uses in the park (Class C Parks Regulations, s.23). The Board can make rules of conduct within parks that may be necessary for the protection of the park under the management of that board, and for the control, protection, and convenience of the public within the park (Class C Parks Regulations, s.24).

Identical to Class A parks, in class C parks, interest in land must not be granted, sold, leased, pre-empted or otherwise alienated; or made the subject of a license, unless doing so is authorized by a park use permit (Park Act, s.8[2]). Permits granting this authorization must only be issued if doing so is necessary to preserve or maintain the recreational values of the specific park (Park Act, s.8[2]). Additionally, natural resources – other than those taken or hunted in accordance with the Wildlife Act or those pursued for observation, photography or study purposes – must not be granted, sold, removed, destroyed, disturbed, or exploited, unless authorized by a park use permit (Park Act, s.9[1]). Permits granting this authorization must not be issued, unless they are necessary for the preservation or maintenance of the recreational values involved in the park (Park Act, s.9[2]).

In each category of park, it is prohibited to carry out activities that will restrict, prevent or inhibit the use of the park for its designated purpose (as specified per category) (Park Act, s.12[3]). Further, in any class or category of park, natural resources must not be granted, sold, removed, destroyed, damaged, disturbed, or exploited unless the Minister determines that the development, improvement and use of the park under as per its specific categorization, will not be hindered (Park Act, s.9[7]).

Management Responsibilities of the B.C. Government

The cabinet can cancel, establish or review the boundaries of any park, conservancy, or recreation areas to (a) increase or decrease the area, (b) consolidate two or more, or (c) divide an existing area into two or more areas (Park Act, s.7).

Directors and park officer’s on the directors behalf – in a park, conservancy, or recreation area – may enter and inspect land; order alteration, evacuation or removal of structure or work; order individuals to cease or refrain from an action or omission that is considered dangerous to life or property or detrimental to the public interest; require any person to provide information relating to their use of the park and conduct of activities (Park Act, s.17)

The Minister manages and has jurisdiction over all matters concerning parks, conservancies, and recreation areas, including the management of public and private use and conduct within these areas (Park Act, s.3[1]). This includes the rights, property and interests of the Government in these areas; natural resources in the areas; wildlife and habitats in the areas; the preservation, development and maintenance of areas and the resources within them; and the regulation and control of private and public individuals in their use and exploitation of the areas and natural resources, and human behaviour and conduct in the areas (Park Act, s.3 [a]-[f]).

If Crown Land is established or continued as an ecological reserve under the Ecological Reserve Act or the Protected Areas of British Columbia Act, the Cabinet can authorize the Minister to manage and administer the land, or the government interest in it (Park Act, s.6[1][h]). Additionally, if land is owned by a person who has entered into an agreement with the government regarding the conservation, preservation or protection of the land or an amenity in relation to it, the Cabinet can authorize the Minister to manage and administer the land, or the government interest in it (Park Act, s.6[1][f]).

The Minister has the power to acquire additional land for the purpose of establishing or enlarging any park, conservancy, or recreation area (Park Act, s.11). All or parts of the boundary of a park, conservancy, designated wildland area or recreation area can be described by referring to official plans (Park Act, s.7.1[2]). Official plans are certified by the Surveyor General and kept on deposit in the Crown land registry (Park Act, s.7.1[2]).

Conservancies

Conservancies are land to be set aside for (a) the protection and maintenance of their biological diversity and natural environments; (b) the preservation and maintenance of social, ceremonial, and cultural uses of first nations; (c) the protection and maintenance of their recreational values, and (d) to ensure that the development or use of natural resources occurs in a sustainable manner (Park Act, s.5[3.1]). Conservancies can be established by Order in Council under the Park Act or by inclusion to the Protected Areas of British Columbia Act. Currently, all conservancies are established under the Protected Areas of British Columbia Act.

Conservancies allow for a wider range of low impact economic opportunities than Class A parks do. Except as authorized by permit, an interest in land in a conservancy must not be granted, sold, leased, pre-empted or otherwise alienated; or made the subject of a licence (Park Act, s.8[6]). Additionally, in a conservancy, natural resources other than those taken or hunted in accordance with the Wildlife Act and other than those stalked or pursued for observation, photography, or study purposes must not be granted, sold, removed, destroyed, damaged, disturbed, exploited, developed, improved or utilized, unless authorized by a permit (Park Act, s.9[6.1]).

Recreation Areas

Recreation areas are established by order in council under the Park Act. They are Crown lands set aside for public recreational use. Crown land in a recreation area is absolutely reserved from sale, and the title to the land is retained by the government (Park Act, s.8[5][a]). Crown land in recreation areas is also reserved from lease or other disposal under the Land Act except as approved by the Minister (Park Act, s.8[5][b]).

In recreation areas, natural resources other than those taken or hunted in accordance with the Wildlife Act and other than those stalked or pursued for observation, photography, or study purposes must not be granted, sold, removed, destroyed, damaged, disturbed, exploited, developed, improved or utilized under any Act, except as approved by the Minister (Park Act, s.9[6]).

Designated Wildland Area

A designated wildland area is a roadless area in a park, conservancy, or recreation area that is (a) retained in a natural condition for the preservation of its ecological environment and scenic features and (b) designated or continued as a designated wildland area under the Act (Park Act, s.1 ‘designated wildland area’).

In designated wildland areas, natural resources other than those taken or hunted in accordance with the Wildlife Act and other than those stalked or pursued for observation, photography, or study purposes must not be granted, sold, removed, destroyed, damaged, disturbed or exploited (Park Act, s.9[5]).

Duties and Responsibilities of the Minister

The legislature has assigned duties to the Minister responsible for parks. They are set out in section 3 of the Park Act

3(1) Except as otherwise provided in this Act, the minister has jurisdiction over, and must manage and administer, all matters concerning parks, conservancies and recreation areas and public and private use and conduct in them, including all of the following:

(a) the rights, property and interests of the government in parks, conservancies and recreation areas;

(b) natural resources in parks, conservancies and recreation areas;

(c) wildlife and its habitats in parks, conservancies and recreation areas;

(d) the preservation, development, use and maintenance of parks, conservancies and recreation areas and natural resources in them;

(e) the regulation and control of public and private individuals in the use or exploitation of parks, conservancies and recreation areas and the natural resources in and on them, and of human activities, behaviour and conduct in parks, conservancies and recreation areas;

(f) all other matters under this Act.

(2) The minister has, subject to an order under section 6, jurisdiction over and must manage and administer land or a trail, path or waterway comprised in an order under that section.

Regulations

The Cabinet may make regulations for various purposes. The applicability of a regulation may depend on the land designation of an area. In relation to the protection of nature, regulations that can be made include the following:

  • Concerning the management and protection of a park, conservancy or recreation area, and the resources within it (Park Act, s.29[3][a]).
  • Respecting the protection of fauna, flora, soil, waters, fossils, natural features, air quality and cultural heritage resources in an area (Park Act, s.29[3][b]).
  • Prohibiting or regulating the killing, hunting, trapping, angling, or disturbing of any animal, fish or birds (Park Act, s.29[c][ii]). This may include setting limits on the amount or type of animal, fish or bird that may be taken; designating the periods of time when an animal, fish or bird may be hunted or taken; or requiring special licenses for the hunting or taking of wildlife (Park Act, s.29[3][c][ii]).
  • Prohibiting or regulating the exploitation, development, extraction or use of natural resources on or in the park, conservancy or recreation area (Park Act, s.29[3][vii]).

Agreements

The Minister can enter into agreements relating to the administration and management of parks, conservancies, and recreation areas with government corporations; local governments; the government of Canada, the government of a province of Canada, the government of a jurisdiction outside of Canada, or an official agency of any of those governments; and any other person or persons (Park Act, s.4.1 [a]-[e]). The Minister can also enter into agreements with First Nations communities regarding activities needed for exercising Aboriginal Rights and relating to access for social, ceremonial and cultural purposes in or on parks (Park Act, s.4.2[1]).

The Minister can appoint directors and other officers under the Public Service Act to assist in carrying out duties and powers under the Act (Park Act, s.4[1]). The Minister may also appoint persons to be park rangers, who are responsible for enforcing compliance with the Wildlife Act and regulations; the Park Act and regulations, and any orders made under s.6(1) of the Act relating to the additional powers for Crown Land (s.4[2]-[3]).

Legislative Mechanisms Addressing the Protection of Nature

The Park Act itself includes certain provisions that may facilitate the protection of nature and natural resources. Additionally, as was mentioned under heading 2.3, the Cabinet may make regulations for various purposes, many of which can relate specifically to the protection of nature. However, in the Act and its corresponding regulations, there is a lack of specific protection measures included, and many protection measures are qualified in order to facilitate the activities and rights of park use permit holders.

Ecological Reserve Act

The Ecological Reserve Act provides for the establishment and administration of ecological reserves. These reserves constitute about .001% of the area of the province.

The Park, Conservancy and Recreation Area Regulation applies to ecological reserves as if they were parks. The Ecological Reserve Regulations address additional restrictions in ecological reserves to ensure protection of the resources within.

Legislation & Regulations

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