| In response to the delay in passing Bill 24,
Wilderness Areas Protection Act, TWC sent the following Press
Release to the three Party Leaders and the media.
On October 18, 1998, the TWC placed an Open
Letter to the three NS political parties in the Halifax Daily News,
encouraging them to keep their promise to pass Bill 24.
Bill 24 was eventually passed on December 3,
1998, but not without an 11th hour roadblock by the then Opposition PC
Party. Under leader John Hamm, the Tories held up the Bill's third reading
by insisting on the inclusion of a "Socio-economic review" on all future
candidate protected areas, as well as other revisions.
TWC members contested these revisions at the
Law Amendments Committee prior to the Bills passage, to no avail.
See the TWC's review of the
Act, and the complete text of the Wilderness Areas Protection
Act with TWC's suggested changes.
Tobeatic Wilderness Committee
PRESS RELEASE
July 2, 1998
RE: Bill 24 - Wilderness Areas Protection Act
The Tobeatic Wilderness Committee is very disappointed that, for the
third time in four years, the passage of this important legislation has
succumbed to political manoeuvring and special interest group pressure.
The TWC is disturbed by the actions of some individuals associated with
the opposition to the protection of the Polletts Cove-Aspy Fault, who have
resorted to criminal acts of vandalism of the Cape Breton Highlands National
Park, and rumoured acts of threat and intimidation of proponents of the
Parks and Protected Areas Systems Plan. The Committee is further alarmed
that the Government chose to yield to this type of pressure by delaying
the Wilderness Areas Protection Act.
In the past, the de-listing of the Jim Campbells Barren led immediately
to renewed pressure on the Tobeatic Wilderness by industry concerns, who
perceived weakness in the Government's resolve and commitment to the Plan.
The TWC feels that this most recent response by the Government will
only give encouragement to other opponents of the Plan to engage in similar
activities.
Concerning Bill 24 itself, the TWC supports the inclusion of those sections
concerning the Environmental Registry, where all manner of things pursuant
to the Wilderness Act are to be filed. As well, the new sections dealing
with enforcement, the posting of signage, fines, forfeitures, and penalties
are generally very good. They add strength to the Act, and will help the
enforcement officers on the ground.
However, references to the mysterious "Memorandum of Understanding of
June 24, 1998" and its effect on Schedule B of the Act (Polletts Cove-Aspy
Fault) are not understood, and its long-term effect on the implementation
of the Systems Plan in general is not known.
The contents of this memorandum must be made public.
The Memorandum may mean that management issues for all other sites,
including the Tobeatic, will have to wait until Polletts Cove/Aspy Fault
is settled, by June 1999 or beyond. Meanwhile, those sites continue to
be eroded and enjoy protection on paper only. Parks Division and other
enforcement agencies can and will do nothing until legislation is passed.
The Memorandum also raises the question of whether the Mainland public
will be given the opportunity to make presentations as to the future of
the Polletts Cove-Aspy Fault site, as was done in the Public Review Process
leading up to the adoption of the Systems Plan, or will the process be
restricted to the residents of the immediate area.
Nova Scotians everywhere have a vested interest in the future of this
special site, and in the interests of full, open public process, must be
given the opportunity to speak.
Another concern for the TWC is the manner in which the original Bill
17 was revised. The Committee, along with many other agencies and individuals,
made written comments and suggestions to the Government following the introduction
of Bill 17 in 1997. In the revision of Bill 17 into its present reincarnation
as Bill 24, absolutely none of these suggestions were reflected in the
new document.
This failure to heed or to solicit input from the public during this
process suggests a complete disregard for the public process, and the genuine
concern and interest of Nova Scotians in the Systems Plan.
While ignoring this positive input on one hand, the Government chose
to respond to the negative and criminal reaction demonstrated in Cape Breton
on the other, by delaying and rewriting Bill 24 to specifically address
their concerns.
Are we to draw the conclusion that to get attention from the Government
on this issue, we must resort to vandalism and criminal acts?
In the opinion of this Committee, Bill 24 still gives the Minister too
much discretion (as was demonstrated in the case of Jim Campbells Barren),
does not adequately guarantee public participation in the process, and
does not define what we are trying to protect in terms of a Definition
of Wilderness.
Generally, TWC felt Bill 17 was inadequate. Bill 24, though marginally
improved, is little better. As a tool, it may be useful, but only if it
is implemented. It has now been four years and three attempts, and TWC
can't help but question the Government's commitment and the validity of
the Parks Systems Plan process.
We have been working at protecting the Tobeatic Wilderness for over
six years, and seem no closer today than we were at the beginning.
The Committee feels the Wilderness Bill is in no way assured of passage
in the fall sitting of the Legislature, as past delays and broken promises
have taught us.
We urge the Government to simply get on with the adoption of this important
legislation, before this precious opportunity is lost forever.
Contact:
Jim Todd, Vice-Chair
TOBEATIC WILDERNESS COMMITTEE
The following is the text of the newspaper
advertisement placed in the Halifax Daily News on Sunday, October 18, 1998:
An Open Letter to
The Leaders of Nova Scotia’s
Political Parties:
PLEASE KEEP YOUR PROMISE!
Our Crown land belongs to ALL Nova Scotians.
Honour your promise to protect our remaining and fragmented Crown
land wilderness areas by passing Bill 24, An Act to Protect Wilderness
Areas in Nova Scotia in this coming session of the legislature.
Future generations of Nova Scotians and your children will thank
you.
Signed:
The People of Nova Scotia
The following is a review by The Tobeatic Wilderness
Committee (TWC) of “An Act to Protect Wilderness Areas in Nova Scotia”.
The Tobeatic Wilderness Committee feels that the Act in its drafted
form is inadequate and an insult to the people of this province, and does
little to protect the integrity of the 31 wilderness areas themselves.
Since this act was proposed through the “The Protected Spaces Planning
Process” which occurred throughout the last 6 years, its premise was to
designate, protect, and preserve significant “wilderness” areas in the
province. A key word used in the entire process, the one around which all
assumptions, expectations and efforts were made, was wilderness.
What does wilderness mean? The accepted meaning of the word “wilderness”,
amongst conservation biologists, ecologists, most governments, the United
Nations, respected NGO’s, and indeed eco-tourism operators, eco-tourists,
and guides can be summed up in the following definition by the Wildlands
League as used by the World Wildlife Fund in it’s highly publicized Endangered
Spaces Campaign:
“Wilderness is an area where human activity is deliberately minimized,
where non-human forces and forms of life remain virtually undisturbed by
such activity. Wilderness is a place where neither the permanent addition
of artificial objects, nor the removal of natural objects shall result
from human use.
Wilderness is an ecological unit of size sufficient to be essentially
self-regulating. It should be large enough to ensure physical and psychological
separation from the human-dominated environment. As custodians of wilderness,
humans will exclude from such areas:
roads
permanent structures
mechanized equipment and vehicles
trapping and hunting
natural resource extraction
any form of disturbance which is incompatible with wilderness and
wilderness values.”
OUR PRIMARY OBJECTION TO THE ACT IS AS FOLLOWS:
Though entitled “The Wilderness Areas Protection Act”, this proposed
legislation, in fact, flouts the term “wilderness” and disingenuously attempts
to pass itself off as legislation that will actually protect these 31 sites,
including the cornerstone site, the Tobeatic Wilderness.
In a telling omission, while making numerous references to the allowability
of ATV’s, snowmobiles, and other “modern” and highly intrusive motorized
access into a wilderness area, not a single reference is made in the act
to non-motorized access by canoes, portages, or hiking trails. While supposedly
written to protect the 31 sites, the act places much more emphasis on what
activities may be allowed in a wilderness area rather than what
may
not.
The ACT and the definition of “WILDERNESS”:
On what do we base our objection? Let us look again at the excluded
activities outlined in the foregoing, widely accepted definition of wilderness:
What does the accepted definition of wilderness say about roads?
They shall be excluded.
What does the act say about roads?
They’ll be allowed if they were there before 1993, or if there is
no other “reasonable” access.
What does the accepted definition of wilderness say about permanent
structures?
They shall be excluded.
What does the act say about permanent structures?
They may be allowed.
What does the accepted definition of wilderness say about mechanized
equipment and vehicles?
They shall be excluded.
What does the act say about mechanized equipment and vehicles?
Snowmobiles may be allowed. Any vehicles may be allowed providing
the trail or route is older than 1993, or if there is no other “reasonable”
access.
What does the accepted definition of wilderness say about hunting and
trapping?
They shall be excluded.
What does the act say about hunting and trapping?
They WILL be allowed.
What does the accepted definition of wilderness say about resource extraction?
They shall be excluded.
What does the act say about resource extraction?
It WILL allow trapping (which is natural resource extraction) and
it may allow mineral exploitation for claims held prior to 1993.
What does the accepted definition of wilderness say about disturbances
which are incompatible with wilderness and wilderness values?
They shall be excluded.
What does the act say about disturbances which are incompatible with
wilderness and wilderness values?
Insofar that it will allow hunting, trapping, and possibly snowmobiling,
all terrain vehicles, vehicular traffic, roads, and mineral exploitation
it says that it will be OK to allow disturbances which are incompatible
with wilderness and wilderness values.
Why are many of these activities normally excluded from wilderness
areas?
Roads:
Trappers, poachers, prospectors, archeological site vandals, snowmobilers,
and ATVer’s use roads. Roads provide poachers access to important wildlife
habitat and core wilderness areas and compromise the population integrity
of vital species such as Moose. Roads also cause erosion, damage root systems,
disrupt wildlife migrations patterns, and create the “edge effect” which
allows non-native, alien species of plants and animals to invade pristine
areas that provide refuge for rare or sensitive native species. According
to the 1993 Descriptive Inventory of Large Wilderness Areas in the United
States, “Without roads, without mechanized access [such as snowmobiles
and ATVs], native species are more secure from harassment and habitat destruction,
and fewer people with fewer tools are able to abuse the land”.
Permanent Structures:
Although some structures may be necessary (such as small warden’s cabins,
perhaps small educational and regulatory signage in very limited numbers),
permanent structures are usually detrimental to wilderness areas. Besides
compromising the “wilderness experience”, many structures such as bridges,
boardwalks, outhouses etc. are a visual nuisance and detract from the wilderness
experience. Additionally, bridges and boardwalks, can allow access to snowmobiles
and ATV’s to sensitive areas.
ATV’s and Snowmobiles:
They destroy vegetation, disrupt wildlife, erode the landscape, foul
waterways and the air, ruin the true “wilderness experience” of ecotourists,
and provide access to pristine areas for people who may abuse the land
(such as poachers). Additionally, they a often create “roadways” which
are extremely damaging in themselves (see above section on roads).
Natural Resource Extraction (Mineral Exploitation):
Besides destroying pristine wilderness, this activity pollutes air,
land, water, possibly threatening entire watersheds and creates noise pollution.
In addition, mining requires a network of roads, power lines, pipelines,
and other infrastructure, thus driving away wildlife and destroying wilderness
values. What happens to a wilderness area if an existing claimant finds
minerals and wishes to mine it? We mustn’t forget Jim Campbell’s Barrens.
Hunting:
Allowing firearms into the Tobeatic area, in particular, will increase
the likelihood of moose poaching by hunters ostensibly legally hunting
deer. Because this is a genetically relatively isolated population of Moose
and is the only native population left in Nova Scotia it is imperative
that we take measures to protect it.
Trapping:
Trapping is natural resource extraction. Trapping is most often done
from snowmobiles and ATV’s. Trapping targets species such as bobcat, mink,
fisher, and river otter- all predators with low reproduction rates (non-targeted
species such as the threatened Pine Marten may also be trapped). Trapping
upsets the normal predator/prey balance and presents a hazard to other
species and humans. The presence of set traps, especially bear snares,
presents an unacceptable risk to recreational users.
Further, an abundant beaver population and their dams help maintain
maximum water levels, particularly in summer, which is an important benefit
to canoe travel on the smaller waterways.
It is evident that, as currently written, “The Wilderness Areas Protection
Act”, allows many activities which are understood to be deleterious to
wilderness. In fact, put side by side and compared point by point to the
accepted definition of wilderness a person would come to the conclusion
that the “Act to Protect Wilderness Areas of Nova Scotia” is, in fact,
antithetical to true wilderness protection.
OUR SECONDARY OBJECTION TO THE ACT IS AS FOLLOWS:
The Act does not allow for full public participation in the management
of the wilderness sites. Further, the Act does not reflect the need that,
for practical purposes, each site must be appraised and managed individually.
The hearings undertaken by the Public Review Committee prior to the
establishment of the Parks and Protected Areas Systems Plan was an open
and genuine public process. However, public process was not followed in
the de-listing of the Jim Campbells Barren.
The 31 sites must be protected from cabinet tinkering and political
opportunism if they are to be preserved for future generations.
The Tobeatic wilderness area comprises fully one-third of the Systems
Plan, and represents a unique management challenge. Its integrity must
not be compromised by an Act which panders to the lowest common denominator
of the 31 sites.
A Management Board and Plan, under the chairmanship of Parks Division
and with full public participation, must be established for individual
sites and must be considered the first and governing source for management
policy for each site, within the framework of a strong Act.
CONCLUSION:
As it is currently written the Act to Protect Wilderness Areas in Nova
Scotia cannot be expected to accomplish the objectives stated in Section
2, paragraphs (a) through (f) for the reasons we cite above.
Therefore, the Tobeatic Wilderness Committee makes representation to
have the attached following amendments to the Wilderness Areas Protection
Act.
The following is the complete text of Bill 24. We have highlighted
our suggested revisions in
bold, red typeface
and have highlighted the sections of the Bill these revisions refer to
in bold typeface
BILL 24
An Act to Protect
Wilderness Areas in Nova Scotia
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Wilderness Areas Protection
Act.
2 The purpose of this Act is to provide for the establishment,
management, protection and useof wilderness areas, in perpetuity, for present
and future generations, in order to achieve thefollowing objectives:
(a) maintain and restore the integrity of natural processes and biodiversity;
(b) protect representative examples of natural landscapes and ecosystems;
(c) protect outstanding, unique, rare and vulnerable natural features
and phenomena;
(d) provide reference points for determining the effects of human activity
on the natural environment;
(e) protect and provide opportunities for scientific research, environmental
education and wilderness recreation; and
(f) promote public consultation and community stewardship in the establishment
and management of wilderness areas,
while providing opportunities for public access for sport fishing
and traditional patterns of hunting and trapping.
2 (f) change to: while providing opportunities
for low impact activities that are permitted by the Management Plan. (As
worded, it would allow activities that may be deemed non-conforming uses
in the Management Plan, and addresses a management issue best addressed
in the latter forum.)
3 In this Act,
(a) "campsite lease" means a campsite lease issued pursuant to the Crown
Lands Act;
(b) "Department" means the Department of the Environment;
(c) "Director of Surveys" means the Director of Surveys appointed pursuant
to the CrownLands Act;
(d) "enforcement officer" means a conservation officer within the meaning
of the WildlifeAct, a regional, municipal or town police officer,
a member of the Royal Canadian MountedPolice or a person designated pursuant
to this Act;
(e) "land" includes, where waters cover the land, all the waters thereon;
(f) "licence" means a written approval issued to a person pursuant to
this Act or theregulations with respect to an activity, including terms
and conditions of the licence and therenewal of a licence;
(g) "mineral right" means a right issued pursuant to the Mineral
Resources Act;
(h) "Minister" means the Minister of the Environment;
(i) "Provincial Crown Lands Record Centre" means the Provincial Crown
Lands RecordCentre provided for pursuant to the Crown Lands Act;
(j) "Registrar of Crown Lands" means the Registrar of Crown Lands appointed
pursuantto the Crown Lands Act;
(k) "structures or facilities" includes buildings, installations and
equipment;
(l) "vehicle" means a motor vehicle, whether or not it is registered
pursuant to the MotorVehicle Act, and includes an all-terrain vehicle,
a snowmobile, a motor boat, a motor vesseland an aircraft, except where
the context otherwise requires;
(m) "wilderness area" means an area of land designated as a wilderness
area pursuant to this Act;
3 (m) change to: “wilderness area” means an
area of land designated as a wilderness area pursuant to this Act; (As
worded, the definition of “wilderness area” is extremely vague. See Section
3 (o) for a precise definition of “wilderness area.”
(n) "wilderness recreation" means non-motorized, outdoor recreational
activities that have minimal environmental impact, including nature-based
tourism.
Add:
(o) “wilderness area” means an area where
human activity is deliberately minimized, where non-human forces and forms
of life remain virtually undisturbed by such human activity, and where
neither the permanent addition of artificial objects, or the removal of
natural objects shall result from human use. It is an ecological unit of
sufficient size to be essentially self-regulating, and large enough to
ensure physical and psychological separation from the human-dominated environment.
Excluded from these areas are: roads, permanent structures, mechanized
vehicles and equip- ment, trapping, natural resource extraction, and any
form of disturbance which is incompatible with wilderness and wilderness
values. (Definition: World Wildlife Fund, Endangered Spaces. Refer also
to preamble.)
(p) “Management Plan” means a site-specific
plan formulated by the Management Board established for each of the protected
areas. (The establishment of a Management Board and Plan, and the guarantee
of full public involvement in the process is critical to the success of,
and confidence in the Systems Plan.)
(q) “Management Board” means a board appointed
by, and under the chairmanship of Parks Division, representative of knowledgeable,
interested and affected public groups and agencies, with the responsibility
of establishing and implementing a Management Plan for the particular wilderness
area. (The establishment of a Management Board and Plan, and the guarantee
of full public involvement in the process is critical to the success of,
and confidence in the Systems Plan.)
(r) “Traditional hunting” means a primitive
hunt by black powder and bow only, limited to two weeks of the year, by
nonmotorized means and subject to the Management Board regulations. (Traditionally,
these were the only methods permitted in the Tobeatic Wildlife Management
Area.)
(s) “trail” and “route”means hiking trail,
canoe portage, or foot path. (Trails for motorized access must be considered
non-conforming and therefore not allowed in a wilderness area.)
(t) “non-conforming” means any activity, including
recreational based, deemed detri- mental to the integrity of the wilderness
area ecosystem, or detrimental to the aims of either the Management Plan
or the Parks and Protected Areas Systems Plan. (The integrity of the protected
area ecosystem must take precedence over all other con- siderations. All
activities permitted within a protected area must be evaluated accordingly.)
4 (1) This Act and the regulations bind Her Majesty in right
of the Province and HerMajesty's corporations, boards, commissions, agents,
administrators, servants and employees.
(2) This Act binds Her Majesty in right of Canada and Her Majesty's
corporations, boards,commissions, agents, administrators, servants and
employees.
(3) For greater certainty, the persons referred to in subsections
(1) and (2) are subject to a prosecution, an order and other remedies pursuant
to this Act and the regulations.
5 Where there is a conflict or inconsistency between this Act
or the regulations and any other enactment, this Act and the regulations
prevail.
6 (1) The Minister is responsible for the general supervision
and management of this Act and the regulations.
(2) Land designated as a wilderness area pursuant to this Act
is under the administration and control of the Minister.
6 (2) Add after “Minister”, pursuant to the
Management Plan. (The Management Plan must take precedence over Ministerial
discretion.)
(3) The Minister may, in writing, delegate to any person a power
or duty conferred or imposed on the Minister pursuant to this Act or the
regulations.
7 Such employees as are necessary for the administration of this
Act and the regulations shall be appointed in accordance with the Civil
Service Act.
8 (1) Enforcement officers are responsible for the enforcement
of this Act and the regulations.
(2) The Minister may designate any person or class of persons
having, in the opinion of the Minister, the qualifications and experience
to act as enforcement officers for the purpose of this Act and the regulations.
(3) An enforcement officer, in carrying out duties pursuant to
this Act and the regulations, has the powers and authorities of a conservation
officer pursuant to the Wildlife Act and, for greater certainty,
Sections 88 to 100 of the Wildlife Act apply, mutatis mutandis.
(4) The protections afforded to
(a) a conservation officer by the Wildlife Act;
(b) an inspector appointed pursuant to the Environment Act;
or
(c) a peace officer by any other enactment,
extend to an enforcement officer and to any other person while,
and to the extent that, the personis in the course of assisting an enforcement
officer.
9 (1) The Minister may enter into an agreement with any federal,
provincial or municipal government or any agency thereof, or with any person,
including the owner of land adjacent to awilderness area or a lessee or
licensee within a wilderness area, for any purpose coming withinthis Act
or the regulations.
(2) For the purpose of this Act, the Minister may acquire by
exchange, purchase, gift or leaseany land or interest in land from any
person and may accept the transfer of administration andcontrol of land
from the Government of Canada or an agency thereof.
10 (1) For the purpose of the administration and enforcement
of this Act and the regulations and after engaging in such public consultation
as the Minister considers appropriate, the Ministershall establish
and administer such policies, programs, standards, guidelines, objectives,
plans, codes of practice, directives and approval processes as are necessary
for the establishment, protection, management and use of wilderness areas.
10 (1) Change to: public consultation. (The
establishment of a Management Board and Plan, and the guarantee of full
public involvement in the process is critical to the success of, and confidence
in the Systems Plan.)
(2) The Minister may
(a) establish advisory and ad hoc committees and retain
experts to report to the Minister with respect to
(i) the content and administration of this Act and the regulations,
(ii) any policies, programs, standards, guidelines, objectives,
plans, codes of practice, directives, approval processes or other matters
under the administration of the Minister;
(b) specify the functions that the committees and experts are to perform,
including the seeking of input from the public and the manner and time
period within which those functions are to be performed;
(c) provide for the remuneration of, and payment of expenses to,
experts and members of committees.
(3) The Minister may establish fees and prescribe forms for the
provision, registration or filing of any information, documents, returns
or reports, any application for, processing or issuance of a licence, any
inspection or investigation and any services or materials provided in the
course of the administration of this Act or the regulations.
(4) The Minister shall file, in the environmental registry established
pursuant to the Environment Act, a copy of
(a) licences issued, and orders and decisions made, pursuant to
this Act or the regulations;
(b) notices of designation served pursuant to this Act or the
regulations;
(c) descriptions of wilderness areas designated pursuant to this
Act;
(d) descriptions of wilderness areas changed by any actions taken
pursuant to subsection11(3);
(e) a management plan prepared for a wilderness area and a revised
management plan;
(f) the Memorandum of Understanding dated June 24, 1998 referred
to in subsection11(2);
(g) policies, programs, standards, codes of practice, guidelines,
objectives, plans, directives and approval processes established pursuant
to this Act or the regulations;
(h) convictions, penalties and other enforcement actions brought pursuant
to this Act orthe regulations;
(i) information or documents required by the regulations to be
included in the environmental registry; and
(j) any other information or document considered appropriate by
the Minister.
11 (1) The areas of land described in Schedule A to this Act,
except any privately owned landincluded therein, are hereby designated
as wilderness areas.
(2) The area of land described in Schedule B to this Act, except
any privately owned landincluded therein, is hereby designated as a wilderness
area and the Memorandum of Understanding dated June 24, 1998 applies to
the area described in Schedule B.
(3) Subject to subsections (5), (6) and (7), and only in order
to achieve the purpose of this Act,the Minister, with the approval of the
Governor in Council, may
(a) designate, as a wilderness area, an area of Crown land in
addition to those designated pursuant to this Act;
(b) add an additional area of Crown land to a wilderness area;
(c) with the written consent of the owner and subject to the term
of consent, if any, and any other conditions included in the consent, designate
privately owned land or add privatelyowned land to a wilderness area;
(d) alter the boundaries of a wilderness area in a manner that
is consistent with anapplicable management plan and that provides for more
effective management and increased protection for the wilderness area,
and, where the authority pursuant to any clause of this subsection is
exercised, the Minister shall cause to be deposited, in the Provincial
Crown Lands Record Centre, a plan signed by the Director of Surveys showing
the boundaries of the wilderness area for which it was made.
(4) Notwithstanding any enactment, the designation of a wilderness
area shall not be revoked except by an Act of the Legislature.
11 (4) change to: Notwithstanding any enactment,
the designation of a wilderness area shall not be revoked except by an
Act of the Legislature, and a full public review process. (As worded, there
is no avenue for a public review in this process. As a safeguard against
a repeat of the Jim Campbells Barren embarassment, a full public review
must be an integral part of any delisting action, as was done by the Public
Review Committee for the Parks and Protected Areas Systems Plan prior to
their inclusion.)
(5) Before taking any action pursuant to subsection (3), the
Minister shall provide the public with
(a) at least sixty days notice of the intended action; and
(b) an opportunity for consultation on the intended action.
(6) The Minister shall cause the notice required pursuant to
subsection (5) to be published in
(a) a newspaper circulating in the Province; and
(b) a local newspaper circulating in the area in which the land
is located,
advising of the intended action and the timing of, and manner
in which, the public consultation willoccur.
(7) Where action is intended to be taken pursuant to subsection
(3) to alter the boundaries of a wilderness area that includes privately
owned land, the Minister shall serve notice of the intended action on the
owner of the land as shown on the latest revised assessment roll and, where
action is taken, the Minister shall cause notice of the alteration to be
(a) deposited in the registry of deeds for the registration district
in which the land is situated; and
(b) served on the owner of the land as shown on the latest revised assessment
roll.
12 Where
(a) an additional area of Crown land is added pursuant to clause 11(3)(b);
(b) privately owned land is added pursuant to clause 11(3)(c);
(c) a wilderness area boundary is surveyed in order to more accurately
identify the location of the boundary; or
(d) there is an omission from the description or an erroneous description
in a wilderness area plan that is deposited in the Provincial Crown Lands
Record Centre pursuant to this Act,
the Registrar of Crown Lands shall deposit in the Provincial Crown Lands
Record Centre a plan signed by the Director of Surveys in substitution
for a previous plan deposited pursuant to this Act,and the substituted
plan becomes, for the purpose of this Act and the regulations, the plan
showing the boundaries of the wilderness area for which it was made.
13 (1) Except as provided in this Act or the regulations, Her
Majesty in right of the Province shall not grant, deed or lease, or issue
an approval, licence, permit, easement or authorization, or permit any
of the same, with respect to Crown land within a wilderness area, or any
part thereof,pursuant to any enactment or other authority, whether under
the administration of the Minister ornot.
(2) For greater certainty, subsection (1) does not prevent an
activity or the licensing of an activity authorized or permitted pursuant
to
this Act or the regulations.
13 (2) change to: to the Management Plan.
(Any activities must be first authorized as conforming uses in the Management
Plan.)
(3) For greater certainty,
(a) notwithstanding the Provincial Parks Act, Her Majesty
in right of the Province shall not designate a wilderness area as a provincial
park; and
(b) Her Majesty in right of the Province shall not transfer the administration
or control of, or otherwise convey, a wilderness area to the Government
of Canada, or an agency thereof, for park purposes.
13 (3a,b)These subsections represent a capitulation
by the Government to groups opposed to the inclusion of the Aspy Fault/Pollets
Cove site in the Systems Plan, and forced the delay of this important legislation.
It can only serve to encourage other opposition groups from the resource
extraction sectors to apply their own pressure on other sites.
14 (1) The Minister shall encourage the voluntary establishment
of privately owned lands as new wilderness areas or as parts of designated
wilderness areas.
(2) Where the owner of privately owned land gives written consent
to the designation of that land as a wilderness area, a copy of the consent
shall be filed in the office of the registry of deeds for the registration
district in which the land is located, and the consent is binding for the
term,to the extent and subject to the conditions specified in the consent
upon the owner and allsubsequent owners of the land, or any estate or interest
therein, and the occupier of the land andthe successors of the occupier.
(3) For greater certainty and subject to any terms and conditions
that are included in a written consent given to designate privately owned
land as a wilderness area, this Act and the regulations apply to such privately
owned land for the period of the consent.
15 (1) The Minister shall complete management plans to guide
the protection, management or use of a specific wilderness area, a part
of a specific wilderness area or any action or activity undertaken to manage
a specific wilderness area.
(2) A management plan may be revised from time to time.
(3) Where a management plan is completed pursuant to subsection (1)
or revised pursuant tosubsection (2), the Minister shall engage in such
public consultation on the management plan as the Minister considers appropriate.
13(3a) The Minister, with the participation
of the Management Board, shall engage in public consultation for the development
of a Management Plan as described in section 5 (5). (The establishment
of a Management Board and Plan, and the guarantee of full public involvement
in the process is critical to the success of, and confidence in the Systems
Plan.)
13 (3b) The Minister shall ensure the establishment
of a Management Board for each protected area, representing affected and
interested stakeholders, within six months of the establishment of the
Act, and shall ensure the Board’s involvement in the planning and management
of the protected area. (The establishment of a Management Board and Plan,
and the guarantee of full public involvement in the process is critical
to the success of, and confidence in the Systems Plan.)
16 The Minister shall encourage the voluntary planning and management
of land adjoining oraffecting wilderness areas in a manner consistent with
the purpose of this Act and the regulations.
(16) (a) The Minister shall encourage the
voluntary planning and management of all land adjoining or affecting wilderness
areas in a manner consistent with the purpose of this Act, the regulations,
and the Management Plan. (The Management Plan recommendations must be adhered
to as well)
16 (b) Where Crown land adjoins the wilderness
area, the Minister shall provide, on the Crown land, a sufficient buffer
zone adjacent to the wilderness area. (Buffer zones on adjoining Crown
land can be easily negotiated, and will afford a minimum level of protection
to the wilderness area.)
17 Except as provided in this Act or the regulations, within a wilderness
area no person shall
17 Within a wilderness area, commercial resource
extraction is not allowed. Including, but not limited to the following,
no person shall (All forms of resource extraction must not be allowed in
a wilderness area.)
(a) acquire a mineral right or petroleum right;
(b) carry out mineral or petroleum development, quarrying or mining;
(c) construct or develop an energy-resource development, including a
hydro-electric or water-resource development or associated impoundment;
(d) construct, maintain or operate a structure or facility, a utility
line, a pipeline, a bridge or tunnel;
(e) carry out forestry, aquaculture or agricultural activities;
(e) carry out forestry, aquaculture, agricultural
activities, or trapping. (Specifically, trapping must be considered a form
of resource extraction.)
(f) create, construct, maintain or operate a trail, road, railway, aircraft
landing strip or helicopter pad;
(g) use or operate a vehicle or bicycle;
(h) camp, tent or occupy the land;
(i) alter the surface of the land;
(j) remove, destroy, or damage any natural object, flora or fauna, whether
living or dead;
(k) remove, destroy or damage any object of scientific, historical,
archaeological, cultural or palaeontological interest;
(l) introduce a substance or thing that may destroy or damage existing
flora, fauna or ecosystems;
(m) dump or deposit any litter, garbage or refuse other than in containers
provided or designated by the Minister for that purpose;
(m) Omit. (Garbage pick-up within a wilderness
area, especially one as large as the Tobeatic, would be impractical if
not impossible. Rather, “no-trace” camping procedures and the packing out
of all garbage must be instituted.)
(n) light or maintain a fire;
(o) create a nuisance or act in a manner or do anything that may be,
or may cause, anuisance; or
(p) carry on an activity that is restricted or prohibited by the regulations.
18 Section 17 does not apply to an enforcement officer, an employee
of the Department or any other person to whom a delegation has been made
pursuant to subsection 6(3), while performing that person's duties, if
the activity in which the person is engaged is necessary for the performance
of that person's duties.
19 The Minister may carry out, or authorize the carrying out
of, activities within a wildernessarea, including activities that would
otherwise be prohibited pursuant to Section 17, for the responsible management,
preservation or restoration of a wilderness area, including the protection
of property, the health or safety of humans and the suppression of forest
fires.
20 The Minister may undertake or provide for environmental, educational
and natural history interpretation in a wilderness area and, where these
are undertaken or provided for, shall do so in a manner consistent with
this Act, the regulations and any applicable management plan.
21 The Minister may issue a licence authorizing scientific research
within a wilderness area,including the carrying out of activities necessary
to such scientific research that would otherwise be prohibited pursuant
to Section 17.
22 (1) Wilderness areas are accessible to the public for wilderness
recreation that is undertaken in a manner consistent with this Act, the
regulations and any applicable management plan.
(2) Notwithstanding subsection (1), the Minister may make an
order temporarily restricting or prohibiting activities in a wilderness
area to protect property, the environment or the health or safety of humans.
23 (1) Tenting, camping, lighting a fire or maintaining a fire are
permitted within a wilderness area only at sites designated by the Minister
or, where no sites are designated, pursuant to such terms and conditions
as may be prescribed by a licence or order issued by the Minister.
23(1) Tenting, camping, lighting a fire or
maintaining a fire are permitted within a wilderness area at campsites
designated by the Minister pursuant to the Management Plan or, where no
campsites are designated, pursuant to such terms and conditions as may
be prescribed by an order made by the Minister pursuant to the Managemant
Plan. (The Management Plan must take precedence over Ministerial discretion)
(2) The Minister may, in a wilderness area,
23(2) change to: The Minister may, subject
to the Management Plan (The Management Plan must take precedence over Ministerial
discretion)
(a) designate, develop and manage a trail or route for wilderness recreation
including, but not limited to, walking, hiking, canoeing, kayaking and
cross-country skiing;
(b) construct, manage and maintain such structures or facilities
as are, in the opinion ofthe Minister, required for wilderness recreation
or for the management or use of awilderness area.
(3) The Minister may designate a trail or route within a wilderness
area upon which the use and operation of snowmobiles is permitted if
(a) the wilderness area is included in a Schedule to this Act,
and the trail or route existed before February 9, 1993, or in any other
wilderness area, the trail or route existed beforethe area was designated
as a wilderness area;
(b) the trail or route is an essential link with a more extensive
snowmobile trail network;and
(c) in the opinion of the Minister, the continued use or operation
of snowmobiles withinthe wilderness area will have a minimal environmental
impact on the wilderness area.
23(3) Omit: change to
a) The Minister may designate a new trail
or route for non-motorized recreational use in the protected area, if it
is deemed a conforming use under the aims of the Management Plan.
(b) The operation of a motor vehicle within
the protected area is not allowed. Access for the purpose of sport fishing,
hunting, and camp access, shall be by traditional means such as on foot
or by canoe.
(Any type of motorized access within a wilderness
area, for whatever reason, must be considered a non-conforming use, and
not allowed. Dating the establishment of a trail is virtually impossible,
and has already led to the extension of such trails in the Tobeatic in
the interim. All motorized vehicle trails have a detrimental environmental
impact on both plant and animal species, and will detract from the wilderness
aspect of the area.)
(4)The Minister may issue a licence to the holder of a campsite lease
within a wilderness areaauthorizing the operation of a bicycle, an all-terrain
vehicle, a snowmobile or a motor boat on atrail or route in the wilderness
area if
(a) the operation is for the purpose of gaining access to the
campsite; and
(b) in the opinion of the Minister, no reasonable alternative
exists for such access.
23 (4) Omit (Any type of motorized access
within a wilderness area, for whatever reason, must be considered a non-conforming
use, and not allowed. A traditional and reasonable alternative exists through
access by foot or canoe.)
(5) The Minister may issue a licence permitting the holder of the
licence to use a vehicle orbicycle on a trail or route within a wilderness
area to enable access for wilderness recreation, sportfishing or traditional
patterns of hunting or trapping if
(a) the wilderness area is included in a Schedule to this Act and
the trail or route existedbefore February 9, 1993; or
(b) in any other wilderness area, the trail or route existed
before the area was designatedas a wilderness area,
and, in the opinion of the Minister,
(c) the continued use will have a minimal environmental impact
on the wilderness area;and
(d) no reasonable alternative exists to enable the access.
23(5)(a through d) Omit: change to
(a) Existing trails or routes within
the protected area deemed non-conforming or superfluous to the aims of
the Management Plan shall be retired and reclaimed. (Refer to comments
on 23(3) above. Motorized access within a wilderness area must not be allowed.
Further, this change will allow for the closure and reclaimation of trails
and logging roads within the wilderness area.)
(6) The Minister may require a trail or route in a wilderness area
to be realigned or re-routed as necessary to minimize the environmental
impact on the wilderness area.
23(6) change to: The Minister may, subject
to the Management Plan, require a trail or route in a wilderness area to
be reclaimed, realigned or re-routed as necessary to minimize the environmental
impact on the wilderness area. (The addition of “reclaimed” will allow
for the retirement of trails deemed non-conforming by the Management Plan.)
(7) A licence issued pursuant to this Section may designate specific
routes for use within thewilderness area and may contain such other terms
and conditions as are considered necessary, inthe opinion of the Minister,
for the protection of the wilderness area.
24 (1) Wilderness areas are accessible to the public for
(a) sport fishing; and
(b) traditional patterns of hunting and trapping,
24(1b) Change to:
traditional patterns of black powder
and bow hunting (Traditionally, these were the only methods permitted in
the Tobeatic Wildlife Management Area, and were limited to a two week hunting
period.)
that are undertaken in a manner consistent with this Act, the regulations
and any applicable management plan and in accordance with any applicable
laws.
(2) Notwithstanding subsection (1), the Minister may make an
order temporarily restricting or prohibiting the sport fishing, hunting
or trapping referred to in subsection (1) or related activities,structures
or facilities in a wilderness area to protect property, the environment
or the health or safety of humans.
25 (1) Where a person other than Her Majesty, before
(a) February 9, 1993, with respect to land in a wilderness area
included in a Schedule to this Act; or
(b) the date of wilderness area designation with respect to any
other land,
held any of the following interests:
(c) a mineral right issued pursuant to the Mineral Resources
Act;
(d) a campsite lease issued pursuant to the Crown Lands Act;
or
(e) a permit, licence, lease, right, estate or other interest,
the interests may continue until their expiry, lawful termination or
cancellation
and may be renewed in a form and manner consistent with
the governing legislation and associated policies.
25 (1)(e) Omit and add: The Minister shall
endeavour to retire all outstanding mineral claims and leases. (Outstanding
rights and leases should not be renewed, and should be retired or extin-
guished at the earliest opportunity.)
(2) A person acting pursuant to any interest referred to in subsection
(1) shall do so in a manner that, in the opinion of the Minister, will
have a minimal environmental impact on the wilderness area.
(3) For greater certainty, mineral development undertaken pursuant
to subsection (1) is subject to the Mineral Resources Act, the Environment
Act, including any required environmental assessments, the Crown
Lands Act and any other applicable enactment.
(4) The Minister may issue a licence to the holder of any interest
referred to in subsection (1)to carry out activities that would otherwise
be prohibited pursuant to Section 17, if the activities are, in the opinion
of the Minister, necessary for the proper exercise or utilization of the
interest.
25 (4) Omit (A vague statement, allowing too
much latitude. The Management Plan must take prec edence over Ministerial
discretion.)
26 (1) The Minister may place notices, plaques, markers, signs
or other devices in a wilderness area indicating that the land is a wilderness
area or indicating activities that are permitted, restricted or prohibited
pursuant to this Act, the regulations or any applicable management plan.
(2) No person shall
(a) deface or remove a notice, plaque, marker, sign or other device
posted in a wilderness area pursuant to this Act, the regulations or any
applicable management plan; or
(b) post a notice, plaque, marker, sign or other device in a wilderness
area other than pursuant to this Act, the regulations or any applicable
management plan.
(3) Evidence that a notice, plaque, marker, sign or other device
has been posted pursuant to this Act, the regulations or any applicable
management plan is prima facie proof that a notice, plaque, marker,
sign or other device was posted.
27 (1) A person who fails to comply with the terms and conditions
of an order or licence issued pursuant to this Act or the regulations is
guilty of an offence.
(2) An order made by the Minister pursuant to the authority of
this Act or the regulations is a regulation within the meaning of the Regulations
Act but, for greater certainty, subsection 36(4)does not apply to such
an order.
(3) The Minister shall endeavour to give notice of any order
made pursuant to this Act or the regulations to those affected by the order
by whatever method the Minister considers appropriate.
28 (1) Service of any notice required to be made pursuant to
this Act or the regulations is deemed to be sufficiently given or served
(a) upon a copy being personally given to, or served on, the person
to whom it is directed; or
(b) five days after a copy is sent by mail to the person to whom
it is directed at the last known address for that person.
(2) Where
(a) a person, upon whom service is required by this Act or the
regulations to be made,cannot be identified; or
(b) the person's address is unknown,
service is sufficient if notice is affixed in a conspicuous place on
the land affected by this Act orthe regulations and a copy is delivered
to any occupant of the land.
29 (1) Every person who contravenes this Act or the regulations
is guilty of an offence and is liable on summary conviction
(a) in the case of a corporation, to a fine not exceeding one
million dollars; or
(b) in the case of an individual, to a fine not exceeding five
hundred thousand dollars or to imprisonment for a term of not more than
six months, or to both.
29 (1)(a) After “fine”, Insert: not less than
one hundred thousand dollars, and (A minimum fine must be specified, to
underscore the seriousness of violations.)
29 (1)(b) After “fine”, insert: not less than
five hundred dollars, and (A minimum fine must be specified, to underscore
the seriousness of violations.)
(2) Where a person is convicted of an offence pursuant to this
Act or the regulations a second or subsequent time, the person is, notwithstanding
subsection (1), liable to a fine not exceeding double the amount set out
in that subsection.
(3) Where an offence pursuant to this Act or the regulations
is committed or continued on more than one day, the person who committed
the offence is liable to be convicted for a separate offence for each day
on which the offence is committed or continued.
(4) Where a person is convicted of an offence pursuant to this
Act or the regulations and the court is satisfied that monetary benefits
accrued to the person as a result of the commission of the offence,
(a) the court may order the person to pay an additional fine in
an amount equal to the court's estimation of the amount of the monetary
benefits; and
(b) the additional fine is not limited by the maximum amount of
any fine that may otherwise be imposed pursuant to this Act or the regulations.
30 (1) In a prosecution for an offence pursuant to this Act or
the regulations, it is sufficient proof of the offence to establish that
it was committed by an employee or agent of the accused,whether or not
the employee or agent is identified or has been prosecuted for the offence,
unless the accused establishes that the offence was committed without the
knowledge or consent of the accused.
(2) Where a corporation commits an offence pursuant to this Act
or the regulations, an officer,director or agent of the corporation who
directed, authorized, assented to, acquiesced in or participated in the
violation of this Act or the regulations is guilty of the offence and is
liable tothe punishment provided for the offence, whether or not the corporation
has been prosecuted.
(3) Unless otherwise provided in this Act or the regulations,
no person shall be convicted of an offence pursuant to this Act or the
regulations if the person establishes that the person exercised all due
diligence to prevent the commission of the offence.
31 (1) Where a person is convicted of an offence, the court may,
in addition to any punishment imposed, order that anything seized by means
of, or in relation to which, the offence was committed, or any proceeds
of its disposition, be forfeited to Her Majesty in right of the Province.
(2) Where the court does not order a forfeiture pursuant to subsection
(1), the thing seized, orthe proceeds of its disposition, shall be returned
to
(a) its lawful owner; or
(b) the person lawfully entitled to it,
if the possession of the thing seized would be lawful.
32 Where a fine is imposed on a person convicted of an offence,
anything seized, or any proceeds of its disposition, may be retained until
the fine is paid or the thing may be sold in satisfaction of the fine and
the proceeds applied, in whole or in part, in payment of the fine.
33 Where a person is convicted of an offence, the court may,
in addition to any punishment imposed and having regard to the nature of
the offence and the circumstances surrounding its commission, make an order
containing one or more of the following prohibitions, directions or requirements:
(a) prohibiting the person from doing any act or engaging in any activity
that could, in the opinion of the court, result in the continuation or
repetition of the offence;
(b) directing the person to take any action that the court considers
appropriate to remedy any damage done to, or to prevent any adverse effects
on, a wilderness area, that results from or may result from the commission
of the offence;
(c) directing the person to pay to the Minister compensation, in whole
or in part, for the cost of any remedial or preventive action taken by,
or on behalf of, the Minister as a result of the commission of the offence;
(d) directing the person to post a bond or pay into court an amount
of money that the court considers appropriate for the purpose of ensuring
compliance with any prohibition,direction or requirement made pursuant
to this Section.
34 (1) Where a court has made an order, the court may, on application
by the offender orHer Majesty in right of the Province, require the offender
to appear before it and, after hearing the offender and Her Majesty, may
make an order
(a) changing the original order or the conditions specified in it;
(b) relieving the offender absolutely or partially from compliance with
any or all of the order;
(c) reducing the period for which the original order is to remain in
effect;
(d) extending the period for which the original order is to remain in
effect for an additional period not to exceed one year.
(2) Before making an order pursuant to subsection (1), the court
may direct that notice be given to any persons the court considers to be
interested and the court may hear any such persons.
(3) Where an application made pursuant to this Section in respect
of an offender has been heard by a court, no other application pursuant
to this Section may be made with respect to the offender except with leave
of the court.
35 (1) Proceedings by way of summary conviction in respect of
an offence pursuant to this Act or the regulations may not be commenced
more than two years after the later of
(a) the date on which the offence was committed; or
(b) the date on which evidence of the offence first came to the attention
of an enforcement officer or the Minister, whichever occurs first.
(2) A document purporting to have been issued by the Minister,
certifying the day on which the Minister became aware of evidence of the
offence, is admissible without proof of the signature or official character
of the individual appearing to have signed the document and, in the absence
of evidence to the contrary, is proof of the matter certified.
36 (1) The Governor in Council may make regulations
(a) respecting the erection, development, operation, maintenance, use
or licensing ofstructures or facilities or the type of construction, location
or cost of structures or facilities within a wilderness area;
(b) respecting the posting, erection or other display of notices, plaques,
markers, signsor other devices in a wilderness area;
(c) for the classification or zoning of wilderness areas and the
uses to which each classification or zone may be put;
36 (1)(c) Omit (The “zoning” model for protected
areas has been demonstrated in other jurisdictions to be simply “multiple
use”, and allows for non-conforming uses such as resource extrac tion and
incompatible recreational uses. This model must not be adopted.)
(d) controlling, licensing, regulating, restricting or prohibiting any
entry, use, activity,development or occupation of the land or of any of
the natural features, phenomena orprocesses in a wilderness area;
(e) regulating, restricting or prohibiting modes of travel in or through
a wilderness area;
(f) respecting any activity undertaken in accordance with a mineral
right or other interestheld before the coming into force of this Act;
(g) respecting any matter necessary or advisable for the administration
of a system ofadministrative penalties;
(h) respecting information or documents required to be included in the
environmentalregistry;
(i) defining a word or expression used but not defined in this Act or
further defining aword or expression used in this Act;
(j) respecting any matter necessary or advisable to carry out effectively
the intent andpurpose of this Act.
(2) The exercise by the Governor in Council of the authority
contained in subsection (1) isregulations within the meaning of the Regulations
Act.
(3) Any regulation made pursuant to subsection (1) may be made
applicable to all wildernessareas or to any wilderness area or to any part
of a wilderness area.
(4) A regulation pursuant to subsection (1), or a substantive
amendment thereto, shall not bemade until there has been such public consultation
as the Minister considers appropriate.
37 Subsection 11(2) and Schedule B to this Act have effect on
and after the earlier of
(a) the date a management plan is completed and signed by the Minister
for the area ofland described in Schedule B; or
(b) June 30, 1999.
SCHEDULE A
1. ALDER GROUND WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofGuysborough, Province of
Nova Scotia, shown outlined in bold line as Alder Ground Wilderness Area
on Plan C.L.R.No. E-21-16 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
2. BOGGY LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofGuysborough and Halifax,
Province of Nova Scotia, shown outlined in bold line as Boggy Lake Wilderness
Area onPlan C.L.R. No. E-21-17 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
3. BONNET LAKE BARRENS WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofGuysborough, Province of
Nova Scotia, shown outlined in bold line as Bonnet Lake Barrens Wilderness
Area on PlanC.L.R. No. E-21-12 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
4. BOWERS MEADOWS WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofShelburne, Province of Nova
Scotia, shown outlined in bold line as Bowers Meadows Wilderness Area on
Plan C.L.R.No. E-21-30 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
5. CANSO COASTAL BARRENS WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofGuysborough, Province of
Nova Scotia, shown outlined in bold line as Canso Coastal Barrens Wilderness
Area on PlanC.L.R. No. E-21-13 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
6. CLATTENBURGH BROOK WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofHalifax, Province of Nova
Scotia, shown outlined in bold line as Clattenburgh Brook Wilderness Area
on Plan C.L.R.No. E-21-20 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
7. CLOUD LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofKings and Annapolis, Province
of Nova Scotia, shown outlined in bold line as Cloud Lake Wilderness Area
on PlanC.L.R. No. E-21-25 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
8. ECONOMY RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofColchester and Cumberland,
Province of Nova Scotia, shown outlined in bold line as Economy River Wilderness
Areaon Plan C.L.R. No. E-21-23 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, NovaScotia Department of Natural Resources,
Halifax, Nova Scotia.
9. FRENCH RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofVictoria, Province of Nova
Scotia, shown outlined in bold line as French River Wilderness Area on
Plan C.L.R. No.E-21-3 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Department ofNatural Resources,
Halifax, Nova Scotia.
10. GABARUS WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofCape Breton, Province of
Nova Scotia, shown outlined in bold line as Gabarus Wilderness Area on
Plan C.L.R. No.E-21-9 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Department ofNatural Resources,
Halifax, Nova Scotia.
11. JIM CAMPBELLS BARREN WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofInverness, Province of Nova
Scotia, shown outlined in bold line as Jim Campbells Barren Wilderness
Area on PlanC.L.R. No. E-21-31 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
12. LAKE ROSSIGNOL WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofQueens, Province of Nova
Scotia, shown outlined in bold line as Lake Rossignol Wilderness Area on
Plan C.L.R. No.E-21-27 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Department of Natural Resources,
Halifax, Nova Scotia.
13. LISCOMB RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofGuysborough, Province of
Nova Scotia, shown outlined in bold line as Liscomb River Wilderness Area
on Plan C.L.R.No. E-21-14 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
14. MARGAREE RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofInverness, Province of Nova
Scotia, shown outlined in bold line as Margaree River Wilderness Area on
Plan C.L.R.No. E-21-2 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
15. McGILL LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofAnnapolis, Province of Nova
Scotia, shown outlined in bold line as McGill Lake Wilderness Area on Plan
C.L.R. No.E-21-26 deposited on December 9, 1997, at the Provincial Crown
Lands Record Centre, Nova Scotia Department ofNatural Resources, Halifax,
Nova Scotia.
16. MIDDLE RIVER FRAMBOISE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofCape Breton and Richmond,
Province of Nova Scotia, shown outlined in bold line as Middle River FramboiseWilderness
Area on Plan C.L.R. No. E-21-8 deposited on December 9, 1997, at the Provincial
Crown Lands RecordCentre, Nova Scotia Department of Natural Resources,
Halifax, Nova Scotia.
17. MIDDLE RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofVictoria and Inverness,
Province of Nova Scotia, shown outlined in bold line as Middle River Wilderness
Area on PlanC.L.R. No. E-21-5 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
18. NORTH RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofVictoria, Province of Nova
Scotia, shown outlined in bold line as North River Wilderness Area on Plan
C.L.R. No.E-21-6 deposited on December 9, 1997, at the Provincial Crown
Lands Record Centre, Nova Scotia Department ofNatural Resources, Halifax,
Nova Scotia.
19. OGDEN ROUND LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofGuysborough, Province of
Nova Scotia, shown outlined in bold line as Ogden Round Lake Wilderness
Area on PlanC.L.R. No. E-21-11 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
20. PORTAPIQUE RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofColchester and Cumberland,
Province of Nova Scotia, shown outlined in bold line as Portapique Wilderness
Area onPlan C.L.R. No. E-21-24 deposited on May 20, 1998, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
21. SCATARIE ISLAND WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofCape Breton, Province of
Nova Scotia, shown outlined in bold line as Scatarie Island Wilderness
Area on Plan C.L.R.No. E-21-10 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
22. SUGARLOAF MOUNTAIN WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofInverness, Province of Nova
Scotia, shown outlined in bold line as Sugarloaf Mountain Wilderness Area
on PlanC.L.R. No. E-21-4 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
23. TANGIER GRAND LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofHalifax, Province of Nova
Scotia, shown outlined in bold line as Tangier Grand Lake Wilderness Area
on Plan C.L.R.No. E-21-18 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
24. TERENCE BAY WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofHalifax, Province of Nova
Scotia, shown outlined in bold line as Terence Bay Wilderness Area on Plan
C.L.R. No.E-21-22 deposited on December 9, 1997, at the Provincial Crown
Lands Record Centre, Nova Scotia Department ofNatural Resources, Halifax,
Nova Scotia.
25. THE BIG BOG WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofGuysborough, Province of
Nova Scotia, shown outlined in bold line as The Big Bog Wilderness Area
on Plan C.L.R.No. E-21-15 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova Scotia Departmentof Natural Resources,
Halifax, Nova Scotia.
26. TIDNEY RIVER WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofShelburne and Queens, Province
of Nova Scotia, shown outlined in bold line as Tidney River Wilderness
Area on PlanC.L.R. No. E-21-29 deposited on December 9, 1997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
27. TOBEATIC WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofAnnapolis, Digby, Yarmouth,
Shelburne and Queens, Province of Nova Scotia, shown outlined in bold line
as TobeaticWilderness Area on Plan C.L.R. No. E-21-28 deposited on May
20, 1998, at the Provincial Crown Lands RecordCentre, Nova Scotia Department
of Natural Resources, Halifax, Nova Scotia.
28. TROUT BROOK WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofInverness and Victoria,
Province of Nova Scotia, shown outlined in bold line as Trout Brook Wilderness
Area on PlanC.L.R. No. E-21-7 deposited on December 9, 997, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
29. WAVERLEY - SALMON RIVER LONG LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofHalifax, Province of Nova
Scotia, shown outlined in bold line as Waverley-Salmon River Long Lake
Wilderness Areaon Plan C.L.R. No. E-21-21 deposited on December 9, 1997,
at the Provincial Crown Lands Record Centre, NovaScotia Department of Natural
Resources, Halifax, Nova Scotia.
30. WHITE LAKE WILDERNESS AREA
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the County ofHalifax, Province of Nova
Scotia, shown outlined in bold line as White Lake Wilderness Area on Plan
C.L.R. No.E-21-19 deposited on December 9, 1997, at the Provincial Crown
Lands Record Centre, Nova Scotia Department ofNatural Resources, Halifax,
Nova Scotia.
SCHEDULE B
POLLETTS COVE - ASPY FAULT
ALL and singular that certain lot, piece, parcel or tract of land and
land covered by water located in the Counties ofInverness and Victoria
, Province of Nova Scotia, shown outlined in bold line as Polletts Cove-Aspy
Fault on PlanC .L.R. No. E-21-1 deposited on June 24, 1998, at the Provincial
Crown Lands Record Centre, Nova ScotiaDepartment of Natural Resources,
Halifax, Nova Scotia.
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