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Simon Shields, LLB

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Since 2005

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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research


Wild Animal Law of Canada

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Natural Areas Protection Act (PEI)('NAPA')

(current to 15 May 2016)

Note Re Application of the Natural Areas Protection Act ('NAPA')

The Natural Areas Protection Act applies to regulate some activities on public, and in some cases private, land - as they relate to wildlife conservation.

This law bears on the wildlife issue of:
  • HABITAT
The full current text of this legislation (including regulations) may be viewed at the Prince Edward Island statute website.

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The Natural Areas Protection Act's ('NAPA') definition of a 'natural area' includes land that "contains natural ecosystems or constitutes the habitat of rare, endangered or uncommon plant or animal species" and that "provides haven for seasonal concentrations of birds and animals", if it designated as a natural area by the Minister [NAPA 1(b)]. Crown land may be so designated without further approval, and private land also if the landowner agrees to sell or lease the land to the Crown [NAPA 3].

The purpose of a natural area "is to conserve for posterity the aesthetic, scenic and natural character and condition of ecosystems, and to prevent their exploitation for commercial purposes". To that end such activities as logging, use of sport vehicles, building roads or buildings, mining, drilling and similar are prohibited, subject to Ministerial approval where "such activity is necessary for the proper management of the area pursuant to a management plan" [General Regulation ('G Regs') 2,3, 3.2].

Additionally, "(n)o person shall convey any interest in a natural area or portion thereof .... without first obtaining the written consent of the Minister" [NAPA 4].
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