Comment

Manitoba Private Lands Protection

Indicator #1 - Intent

Is the intention of the agreement to add protected lands to Manitoba's network of protected areas? Does the agreement apply to specific lands?

Both the MNS and NCC agreements identify specific lands that the agreement will apply to and that will be included as part of Manitoba's network of protected areas (see MNS Section 3 & Schedule A, NCC Section 4 & Schedule A). They also indicate that further schedules for private protected lands may be added in the future.

The DU agreement does not apply to specific lands as yet; it identifies strategic priorities to guide collaborative efforts to conserve, protect and promote the stewardship of habitat. The strategic priorities include identifying lands held by DU in agro Manitoba that will contribute to Manitoba's network of protected areas. No lands are protected through the DU agreement as yet.

Indicator #2 - Protection Standards

Are there clear clauses in the agreement that provide a definition of a protected area and of protected lands or that outline activities that are expressly restricted in protected areas? Are these definitions consistent with Manitoba public policy?

Section 4 of the NCC agreement and Section 5 of the MNS agreement are entitled 'Activity Restrictions' and prohibit logging, mining, the development of oil, petroleum, natural gas or hydroelectric power. Cultivation and/or conversion of native habitat to non-native habitat is also prohibited. This is in keeping with Manitoba's public policy definition of protection - "a 'protected' area must be closed by legal means to logging, mining, hydroelectric development, or any other activity that significantly and adversely affects habitat". The DU agreement contains no such Section on activity restrictions and as such, does not define protected lands.

Indicator #3 - Withdrawal of Crown Mineral Rights

Are there clear clauses in the agreement as to requirements for withdrawal of Crown mineral rights?

The MNS agreement contains a clause (3.2) in Section 3 Land Evaluation Process indicating that the Government of Manitoba will withdraw Crown mineral rights on lands submitted for consideration as part of the network of protected areas, following provision of legal descriptions for lands by MNS. This clause is absent in the NCC agreement, however 'Schedule A' contains a list of lands meeting activity restrictions, with a column indicating the status of Crown mineral rights. Where NNC does not already own the mineral rights for a parcel of land, mineral rights have been withdrawn. The DU agreement does not refer to Crown mineral rights.

Indicator #4 - Access to Information

Is information regarding the private lands included in Manitoba's network of protected areas publicly available? Is there a public registry or private protected lands information clearing house?

Manitoba Conservation's Protected Areas Initiative (PAI) web site contains web pages on the MNS and NCC agreements. Each page includes a jpeg map indicating the approximate location of the private lands included in each of these agreements. Each of the agreements also includes a Schedule (Schedule A) that provides a legal description of each parcel of land. No public registry or clearing house for private lands protection information exists, including for private lands that may have conservation easements on the title.

Indicator #5 - Accountability

Are those responsible for upholding and fulfilling these agreements on behalf of the Government of Manitoba and the non-government organization clearly indicated? Are there provisions for annual reporting and exchange of information? Is there a provision for public access to actions regarding fulfillment of the agreements?

All three agreements are signed by representatives of the Manitoba Government and the corresponding non-government organization. Other than the signatories endorsing the Parties' commitment to the agreement, there are no specific clauses within the MNS or the NCC agreements that identify who will be responsible for ensuring that the agreements are fulfilled. Clause 5.5 of the DU agreement indicates that both Parties to the agreement "shall appoint official contact respecting each of the joint activities in relation to this MOU".

Section 6 of the NCC and the MNS agreements commits the parties to "share information related to the monitoring of ecological resources within the Lands that are of significance to Manitoba's PAI", and in Section 7 the NCC and the MNS agree to keep a formal record of the status of activity restrictions of the Lands and "provide a written report to Manitoba from time to time as required by Manitoba". Moreover, Section 7 indicates agreement to report any activity or management that would contravene activity restrictions. The NCC and MNS agreements therefore do not specifically require annual reporting and there are no provisions for public access to reporting on actions to fulfill the agreement. Section 3 of the DU agreement includes a provision for sharing of information, research findings and data sets, but there are no timelines associated with this activity. The DU agreement does not contain any provisions for annual reporting and there are no provisions for public access to reporting on actions to fulfill the agreement.