Directive: national marine conservation areas
Title: Directive on the Management of National Marine Conservation Areas
Organization: Parks Canada Agency
Table of contents
- Effective date
- Authorities
- Context
- Purpose
- Application
- Expected results
- Guiding principles
- Requirements
- Accountabilities and responsibilities
- Procedures
- Monitoring and evaluation
- Definitions
- Appendix A: NMCA zoning framework
- Table A1: NMCA zone purpose and objectives
- Table A2: NMCA allowable uses and activities
1. Effective date
This Directive takes effect on November 9, 2022.
2. Authorities
This Directive is issued pursuant to the Policy on the Establishment and Management of National Marine Conservation Areas.
3. Context
The Government of Canada is committed to protecting Canada’s marine Footnote 1 environment, and has made international commitments under the Convention on Biological Diversity to establish and effectively manage marine protected areas. The creation of marine protected areas for long-term conservation is globally recognized as a nature-based solution to address the challenges of biodiversity loss and climate change. Marine protected areas also support a sustainable ocean economy by protecting the habitats and species on which resource-dependent and tourism sectors rely, thus contributing to Canada’s broader blue economy goals.
Three federal organizations—Parks Canada, Fisheries and Oceans Canada, and Environment and Climate Change Canada—have mandates to establish and manage marine protected areas. The 2002 Canada National Marine Conservation Areas Act (CNMCAA) affirms Parks Canada’s role in contributing “to international efforts for the establishment of a worldwide network of representative marine protected areas” (CNMCAA preamble). The Act also provides the legal authority and framework for establishing and managing National Marine Conservation Areas (NMCAs). NMCAs are part of a growing national network of marine protected areas in the Atlantic, Arctic and Pacific oceans. The NMCA system also includes marine protected areas in the Great Lakes. Marine and freshwater NMCAs administered by Parks Canada contribute to the Government of Canada’s conservation targets.
NMCAs are established for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world (CNMCAA s4(1)). They are managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function Footnote 2 of their ecosystems (CNMCAA s4(3)). NMCAs offer an array of ecological, cultural, social and economic benefits, including the provision of ecosystem services and opportunities to pursue cultural practices and sustainable livelihoods. NMCAs contribute to climate change mitigation, by enhancing and conserving blue carbon, and support climate change adaptation by enhancing ecosystem resilience.
While the CNMCAA provides the authority to establish NMCAs, many pieces of legislation apply to their management. Collaborative approaches respect the legislative mandates of other federal departments and the authorities of provinces, territories, and Indigenous governing bodies.
Indigenous peoples have long-standing connections with lands, waters and ice across Canada through generations of use, occupancy and stewardship. Indigenous peoples’ special constitutional relationship with the Crown is recognized and affirmed in section 35 of the Constitution Act. Work to establish and manage NMCAs supports Canada’s commitment to advancing reconciliation and the implementation of rights, treaty obligations and related commitments. It also upholds the United Nations Declaration on the Rights of Indigenous Peoples and the specific obligations within the United Nations Declaration on the Rights of Indigenous Peoples Act.
Parks Canada is responsible for administering public lands in NMCAs following establishment and for administering and managing all aspects of NMCAs not assigned by law to any other Minister of the Crown (CNMCAA s8(1)). Other federal departments maintain their authorities in NMCAs and any changes in fisheries management, aquaculture, marine navigation and marine safety require agreement with the managing authority (CNMCAA s9(4) and s9(4.1)). Provinces and territories may also retain authority for some aspects of marine management, such as fisheries management Footnote 3, aquaculture and harvesting.
An NMCA Policy was published in 1994 when Parks Canada’s marine program was in its infancy. The Policy on the Establishment and Management of National Marine Conservation Areas and this Directive align with the CNMCAA and are based on experience Parks Canada has gained through 30 years of managing NMCAs. They also reflect government priorities, improved knowledge of the marine environment, and increasing national and international recognition of the value of marine protected areas. Together, they set out requirements for managing NMCAs while providing the flexibility required to respond to local circumstances and considerations.
4. Purpose
This Directive provides instructions on how to achieve the management requirements articulated in section 8.3 of the Policy on the Establishment and Management of National Marine Conservation Areas (hereafter referred to as the Policy).
5. Application
- 5.1
- This Directive applies to all NMCAs and NMCA Reserves. Footnote 4
- 5.2
- This Directive applies to the seabed or lakebed and water column within NMCAs Footnote 5. It also applies to wetlands, estuaries and other coastal lands, sea ice or lake ice and islands located within NMCA boundaries.
- 5.3
- This Directive does not apply to the management of marine components of national historic sites, national parks or national park reserves.
- 5.4
- This Directive and its supporting instruments should be read in conjunction with relevant Government of Canada legislation, regulations, policy instruments and formal agreements Footnote 6 (see Appendix of the Policy).
- 5.5
- Nothing in this Directive should be construed to abrogate or derogate from the protection of existing Aboriginal and treaty rights of Indigenous peoples in Canada provided by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
6. Expected results
Parks Canada expects to achieve the following long-term results through the implementation of this Directive:
- 6.1
- Representative examples of Canada’s natural and cultural marine heritage are protected and conserved for the benefit, education and enjoyment of the people of Canada and the world.
- 6.2
- NMCA management is supported through sustained collaboration and engagement.
- 6.3
- Reconciliation with Indigenous peoples is advanced, including through co-management of NMCAs.
- 6.4
- NMCAs are managed in a manner that enhances ecosystem resilience to climate change and other stressors and supports the provision of ecosystem services, including carbon uptake and storage in marine habitats, and other socio-economic benefits.
7. Guiding principles
The following principles will guide decision-making and work to advance the effective management of NMCAs:
- 7.1
- Inclusive and Collaborative. Inclusive and transparent processes are the cornerstones of sustained collaboration and engagement.
- 7.2
- Respectful. Indigenous peoples’ roles as stewards of their traditional lands and waters are recognized and honoured. Relationships are advanced based on respect for Indigenous rights, worldviews and contributions.
- 7.3
- Ecosystem-based. Ecosystem structure and function, and the relationships among ecosystems, human uses and management actions are considered.
- 7.4
- Knowledge-informed. Decision-making and management approaches are informed by science, Indigenous knowledge and local perspectives. Knowledge gaps and areas of uncertainty are acknowledged.
- 7.5
- Precautionary. Where there are threats of environmental damage, lack of certainty is not used as a reason for postponing preventive measures.
- 7.6
- Adaptive. Management measures are evaluated and adjusted as knowledge of marine ecosystems and their stressors advances, dynamics of marine environments change and marine uses evolve.
- 7.7
- Climate-informed. Decision-making integrates considerations for climate change mitigation and adaptation Footnote 7 efforts that are informed by science, Indigenous knowledge and local perspectives.
8. Requirements
Legislative requirements for NMCA management are outlined in the CNMCAA. The Policy builds on that foundation, and sets out eight management goals for NMCAs (section 8.3.1 of the Policy). The requirements listed in sections 8.1 to 8.8 below outline how Parks Canada will work to achieve the eight management goals. The requirements listed in sections 8.9 to 8.12 are cross-cutting requirements that apply to all eight management goals.
All of the requirements that follow may be accomplished in collaboration with, or with the engagement of, other federal departments, provinces and territories, Indigenous governing bodies, other Indigenous organizations and individuals, coastal communities, stakeholders and the public.
8.1 Goal 1: Protect marine ecosystems and biodiversity to maintain or improve ecological sustainability
The primary goal of NMCAs is to provide for long-term ecological sustainability. Protecting ecosystems, including the diversity of species, habitats, ecological processes and ecosystem services, in all components of the marine environment, including sea or lake bed, water column, and ice, is key to achieving this goal. Self-regulating and resilient ecosystems underpin thriving cultural heritage. The knowledge of Indigenous peoples, coastal communities and other Canadians contributes to understanding marine ecosystems and identifying approaches for maintaining or restoring ecological sustainability in NMCAs.
The CNMCAA provides fundamental protections by prohibiting oil, gas, mineral and aggregate exploration and exploitation, and placing strict limits on ocean disposal. Other relevant acts and policies Footnote 8, such as the Canadian Environmental Protection Act, the Fisheries Act, the Species at Risk Act, the Migratory Birds Convention Act and the Government of Canada marine protected areas protection standard, also apply in NMCAs and contribute to ecosystem protection.
Parks Canada may collaborate with other management authorities (section 8.8.1) to implement the following management requirements. NMCAs conserve cultural heritage that reflects past and present uses of the marine region by Indigenous peoples, coastal communities and others. Protection measures are available for cultural resources Footnote 11 and heritage values, and for places identified by Indigenous peoples and coastal communities as important for their long-term well-being. In addition, Parks Canada’s Cultural Resource Management Policy applies to all cultural resources and heritage values within NMCAs. The policy outlines requirements for identifying and assessing impacts, monitoring and conserving cultural resources, and sharing heritage values. NMCAs are managed and used in a manner that meets the needs of present and future generations without compromising ecological sustainability. A range of activities may be allowed in NMCAs, including fishing, shipping, tourism and land use, such as coastal and in-water infrastructure. Together, these activities must be conducted in a manner and at a rate and scale that are ecologically sustainable. Parks Canada may collaborate with other management authorities (section 8.8.1) to implement the following management requirements. Indigenous peoples have been stewarding the waters, ice and lands since time immemorial. Through the following requirements, Parks Canada recognizes Indigenous leadership and supports opportunities to work with Indigenous laws, knowledge and governance systems in the stewardship of traditional territories, ancestral homelands and treaty lands. In NMCAs, the exercise of Aboriginal rights under section 35 of the Constitution Act, 1982 is respected, treaties and other agreements between Canada and Indigenous governing bodies are implemented, and the United Nations Declaration on the Rights of Indigenous Peoples guides decision-making. The marine environment is fundamental to the social, cultural and economic well-being of Indigenous peoples and coastal communities. Access and use continue in NMCAs and are important for food security and cultural continuity. NMCAs contribute to well-being by protecting and conserving marine ecosystem services, such as climate regulation and local food sources. NMCAs also facilitate opportunities to pursue recreational activities and sustainable livelihoods. Approaches to working with Indigenous peoples in NMCAs recognize and uphold Canada’s obligations and commitments, and respond to the varying cultural, social, legal, and rights contexts of Indigenous peoples across Canada. NMCAs promote Indigenous leadership and cultural continuity and enhance intangible benefits for Indigenous peoples and coastal communities, such as connection to nature and a sense of place. In NMCAs, people discover and experience the marine world, and these connections lead to a deeper understanding of and appreciation for Canada’s natural and cultural heritage. NMCAs provide opportunities for recreational use and enjoyment of marine and coastal areas, and encourage visitors to learn more about the oceans and the Great Lakes. Through these experiences, visitors forge new connections with Canada’s natural and cultural heritage in ways that are meaningful to them. Parks Canada promotes public awareness, appreciation and support of natural and cultural heritage to foster strong connections between Canadians and the oceans and Great Lakes, actively engage people in marine conservation, and reinforce their role as marine stewards. Parks Canada also plays a role in increasing public understanding of Indigenous connections to and responsibilities for lands, ice and waters within NMCAs, and the longstanding relationship of coastal communities to NMCAs. Sustained collaboration and engagement are fundamental to the success of the NMCA program. NMCA management is shaped through collaboration and engagement that bring a diversity of knowledge, perspectives and active participation to the protection and conservation of these special places. Parks Canada provides strategic direction for NMCAs through management plans, which are developed on a regular cycle in accordance with the CNMCAA, other applicable legislation, regulations, Parks Canada’s policies and guidance for management planning, other policy instruments and formal agreements.
Parks Canada may collaborate with other management authorities (section 8.8.1) to implement the following management requirements. Other management tools, including regulatory tools administered by other federal departments, provincial and territorial governments, and Indigenous governing bodies, may be used to manage NMCAs consistent with the CNMCAA, the management plan and other applicable legislation, regulations, policy instruments and formal agreements (Appendix of the Policy). Parks Canada may collaborate with other management authorities (section 8.8.1) to implement the following management requirements. NMCAs present opportunities across all program areas to integrate climate change considerations in support of established climate change mitigation targets. Parks Canada enhances the climate resilience of NMCAs and their natural ecosystems through adaptation efforts based on an improved understanding of climate change challenges and opportunities. By addressing climate change in an integrated, long-term and sustainable manner, Parks Canada also prioritizes human health, safety and security. Parks Canada implements monitoring programs to assess progress towards implementing management plan objectives, strengthen NMCA management effectiveness and meet legislative reporting requirements. A range of research and monitoring activities may be allowed in NMCAs. Parks Canada facilitates research activities that will improve understanding of marine environments and contribute to management effectiveness. The Conservation Programs Branch will develop and maintain a set of procedures including standards, guidelines and other tools for the protection and conservation of NMCAs. The Vice-President, PAEC reviews this directive every five years, identifies aspects that can be enhanced through a continuous improvement program, and makes updates as required. The Office of Internal Audit and Evaluation may periodically conduct independent audits and evaluations focused on some or all aspects of this Directive as part of Parks Canada’s risk-based audit and evaluation plans or on the direction of the PCEO. The following definitions clarify how terms used in this Directive should be interpreted. Coastal community A group of people who live adjacent to an NMCA, use an NMCA for their livelihood or cultural practices, and have been affected in some way by the establishment of an NMCA. Coastal community well-being A state in which coastal communities derive long-term social, economic and cultural benefits from NMCAs. Ecological sustainability A state in which marine ecosystems are self-regulating and resilient, and whose structure, function and capacity to provide ecosystem services are not compromised. Ecologically
sustainable use Use of marine resources in a manner that meets the needs of present and future generations without compromising ecological sustainability. Indigenous governing body A council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. Indigenous peoples A collective name for the original peoples in Canada and their descendants. The Constitution Act, 1982 recognizes three distinct groups of Indigenous peoples: First Nations, Métis and Inuit. Marine
protected area An area in the marine environment that is defined and managed through legal and/or other effective means to achieve the long-term conservation of nature with associated ecosystem services and cultural values (adapted from the International Union for Conservation of Nature). Marine region A distinct geographic unit of the marine and Great Lakes environment defined by Parks Canada based on biological, ecological, oceanographic or limnological, and geological characteristics. Parks Canada has identified 29 marine regions in Canada and aims to represent each of these regions in the NMCA system. Network of marine protected areas A collection of marine protected areas that operate together to safeguard important ecological components of the ocean and marine biodiversity. NMCA Reserve An area or a portion of an area proposed for an NMCA that is subject to a claim in respect of Aboriginal rights accepted for negotiation by the Government of Canada. An NMCA reserve is established and managed in the same manner as an NMCA, but the status of the area is subject to the final resolution of the claim in respect of Aboriginal rights. Ocean literacy An understanding of how the ocean influences us and how we influence the ocean (Canadian Ocean Literacy Coalition). Representative A quality reflecting the characteristics of a marine region such as its ecological, oceanographic or limnological, geological and cultural characteristics. Sensitive ecosystem
element An ecosystem element that is at risk of being lost or compromised due to its intolerance to disturbance. Special feature A natural or cultural feature of outstanding or unique value within an NMCA or marine region due to its rarity or particular importance. The NMCA zoning framework is comprised of four zones, each with a specific purpose, objectives and set of allowable activities and uses. Table A1 defines the purpose and objectives of each zone. Table A2 indicates the allowable activities and uses in each zone. Activities allowed at the national level may be restricted at the site level through the NMCA management plan and other management tools. Indigenous traditional use Footnote 15 continues in all zones. ✓ Allowed. Activity or use is generally consistent, at the national level, with the purpose and objectives of the zone and is allowed, subject to applicable legislation, regulations, site-specific review processes, authorizations and permitting requirements. C Conditional. Activity or use will be assessed at the site level during zoning development. Activity may be allowed (✓) if it aligns with the purpose and objectives of the zone. X Not allowed. Activity is inconsistent with the purpose of the zone or the NMCA and is not allowed.
8.2 Goal 2: Conserve cultural heritage
8.3 Goal 3: Manage use in an ecologically sustainable manner
8.4 Goal 4: Support Indigenous leadership in marine conservation
8.5 Goal 5: Contribute to the well-being of Indigenous peoples and coastal communities
8.6 Goal 6: Facilitate opportunities for meaningful visitor experiences
8.7 Goal 7: Enhance awareness and understanding of NMCAs
8.8 Goal 8: Advance effective collaboration for management
8.9 Management planning and zoning
8.10 Other management tools
8.11 Climate change mitigation and adaptation opportunities
8.12 Monitoring and research
9. Accountabilities and responsibilities
9.1 President & Chief Executive Officer (PCEO)
9.2 Vice-President, Protected Areas Establishment and Conservation (PAEC) Directorate
9.3 Senior Vice-President, Operations and Operational Executive Directors
9.4 Other Vice-Presidents (e.g., External Relations and visitor Experience Directorate, Indigenous Affairs and Cultural Heritage Directorate, Strategic Planning and Policy Directorate)
9.5 Executive Director, Conservation, Protected Areas Establishment and Conservation (PAEC) Directorate
9.6 Director of Conservation Programs
9.7 Field Unit Superintendent (FUS)
10. Procedures
11. Monitoring and evaluation
11.1 Monitoring
11.2 Evaluation
12. Definitions
Appendix A: NMCA zoning framework
Table A1: NMCA zone purpose and objectives
Zone Name Purpose Objectives Zone 1:
Strict Protection
Strictly protects special features and sensitive ecosystem elements that are susceptible to disturbance. Access and extractive use are prohibited. Zone 2:
General Protection
Protects special features, sensitive ecosystem elements and representative characteristics of the marine region while providing for compatible access and non-extractive uses. Extractive use is prohibited. Zone 3: Habitat Protection Protects specific habitats while providing for compatible access and extractive uses. Some uses are prohibited to support specific habitat conservation objectives. Zone 4:
Multiple Use
Sustains the greatest range of uses that do not compromise ecological sustainability, cultural resources or heritage values. Table A2: NMCA allowable uses and activities Footnote 16
Activities and Uses Full Protection Zones Ecologically Sustainable Use Zones Limits/Permits/Exceptions Strict Protection General Protection Habitat Protection Multiple Use Zone 1 Zone 2 Zone 3 Zone 4 Indigenous traditional use ✓ ✓ ✓ ✓ Traditional use of an NMCA by Indigenous peoples will not be subject to zone restrictions except for conservation, public health or public safety reasons, determined in consultation with Indigenous rights holders. Research, monitoring and restoration C ✓ ✓ ✓ A research and collection permit from Parks Canada, and other applicable permits, are required. Recreational activities (non-extractive) X ✓ ✓ ✓ Permits may be required. Commercial tourism (non-extractive) X ✓ C ✓ A business licence is required. Coastal and in-water infrastructure X C C ✓ Authorization from Parks Canada is required. Commercial shipping X ✓ C ✓ Conducted in accordance with Transport Canada’s legislative and regulatory framework and consistent with international maritime law. Anchoring may be restricted to ensure bottom protection. Recreational fishing X X C ✓ Conducted in accordance with the Fisheries Act, and provincial/territorial regulations, including stated limits and licensing requirements. Commercial fisheries X X C ✓ Conducted in accordance with the Fisheries Act, provincial/territorial regulations (e.g., stated limits and licensing requirements) and the Interdepartmental Principles for Fisheries Management in Federal Marine Protected Areas. Hunting, trapping and gathering X X C ✓ Conducted in accordance with applicable regulations, including stated limits and licensing requirements. Renewable energy X X C ✓ Authorization from Parks Canada is required. Aquaculture X X C ✓ Conducted in accordance with the Fisheries Act and provincial/territorial regulations. Authorization from Parks Canada is required. The deposit of deleterious drugs and pesticides is prohibited. Placement of artificial reefs for recreational purposes X X X X Not permitted in NMCAs. Bottom trawling X X X X Consistent with the Government of Canada marine protected areas protection standard. Oil and gas and mining X X X X Prohibited under the Canada National Marine Conservation Areas Act.
Publication information
© His Majesty the King in Right of Canada, represented by the President & Chief Executive Officer of Parks Canada, 2022.
Title: Directive on the Management of National Marine Conservation Areas
Protected Areas Establishment and Conservation Directorate, Parks Canada Agency, November 9, 2022
PDF: R62-590/2023E-PDF
978-0-660-47097-9
Paper: R62-590/2023E
978-0-660-47098-6
- Date modified :