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| Nick Leeson |
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| Susan Fridlyand |
A groundbreaking agreement: A milestone in Indigenous-led conservation
Through the OLT agreement, $375 million ($300 million from the federal government and $75 million from private philanthropic donors) have been committed to advance Indigenous-led conservation and conservation-related activities in the NWT. The OLT agreement supports cultural preservation and sustainable community development and shows the power of collaboration in addressing biodiversity loss and fostering reconciliation.
For Canada, the NWT represents an opportunity to get closer to its international commitment of conserving 30 per cent of land and water by 2030. For Indigenous governments and organizations, the OLT agreement is a recognition of their obligation to care for the lands and waters for future generations as they have tried to do since time immemorial.
Far-reaching impact of the OLT agreement
The significance of the OLT agreement cannot be overstated. Indigenous communities are integral to global conservation efforts due to their unique, long-standing relationship with the land, water, and ecosystems — connections that are foundational to their cultural identity and stewardship practices.
In development for years, the OLT agreement is part of a broader federal initiative announced by Prime Minister Trudeau, committing $800 million to four Indigenous-led conservation projects, including this one. It is estimated that the agreement could conserve and steward up to 379,390 square kilometres of land and inland waters, protecting over two per cent of Canada’s land base and contributing significantly to Canada’s 30 by 30 goal.
Cliff LeSergent: ISTOCKPHOTO.COM
What is project finance for permanence (PFP)?
PFP is a conservation funding model designed to ensure the long-term financial sustainability of protected areas. First used in Canada to establish the Great Bear Rainforest, PFP has been applied worldwide to secure funding for conservation efforts. The OLT agreement represents one of the world’s largest PFPs. This seems fitting, given that the NWT is a land mass the size of France, Germany and the United Kingdom combined.
The PFP model is typically used for conservation projects, where the goal is to secure permanent funding for the maintenance of protected areas, ensuring these areas are well-managed and properly funded over time. Although the OLT agreement does not guarantee permanent investment, it creates a framework for sustainable, long-term investment. The OLT agreement establishes lasting relationships among Indigenous governments, philanthropists, and public entities to prioritize Indigenous values and laws as guiding principles for conservation and economic development. This will help to advance the joint vision and objectives of protecting land and water, preserving biodiversity, supporting thriving cultures, building community capacity, and contributing to healthy and equitable economies.
Indigenous-protected and -conserved Areas (IPCAs): Transforming conservation
The first three IPCAs (and, to date, the only IPCAs recognized by the federal government) are all located in the NWT:
- Thaidene Nëné: a national park reserve, wildlife conservation area and territorial protected area;
- Edéhzhíe: a national wildlife area and IPCA; and
- Ts’udé Nilįné Tuyeta: an IPCA and a territorial protected area.
IPCAs are areas of land, water and ice that Indigenous communities manage and conserve through their traditional knowledge, practices, and governance systems. Unlike conventional protected areas, which have often displaced Indigenous peoples, IPCAs uphold Indigenous stewardship and recognize their inherent rights to manage their territories. They honour the critical role Indigenous peoples have played in preserving and protecting ecosystems for millennia and reaffirm their responsibility to safeguard these environments for generations to come.
IPCAs are established and managed entirely by Indigenous peoples, without requiring formal designation from public governments or international organizations. However, as seen in the NWT, IPCAs can still benefit from additional protections provided by overlapping designations, such as national parks or wildlife areas, as long as these designations do not undermine their Indigenous-led nature. Such legal or conservation designations can strengthen protection while ensuring that governance and conservation efforts remain firmly rooted in Indigenous values, traditions and decision-making systems.
Towards a sustainable future: The legacy of the OLT agreement
The OLT agreement is more than a conservation milestone — it is a testament to the power of Indigenous leadership and collaboration in addressing the urgent challenges of biodiversity loss and climate change. The signing of the OLT agreement represents both a historic opportunity and a significant landmark in the ongoing push to recognize Indigenous governance in natural resource conservation. It also represents a unique pathway for investors to support sustainable, community-driven conservation projects that benefit both the environment and Indigenous peoples. By investing in IPCAs, stakeholders can help preserve vital ecosystems, strengthen Indigenous sovereignty and support a growing field of conservation finance that delivers both environmental and social benefits.
As the world shifts toward more sustainable practices, IPCAs and Indigenous-led initiatives like the OLT agreement offer a model for meaningful conservation that honours both the environment and Indigenous sovereignty. IPCAs represent an exciting frontier where responsible investment, environmental stewardship and Indigenous empowerment come together.
By investing in these efforts, we collectively contribute to a future where reconciliation, cultural revitalization and ecological health thrive in harmony.
Nick Leeson is associate counsel with Woodward LLP, a law firm located in Victoria and Whitehorse. His practice is based out of British Columbia, where he practises law for Woodward across Canada, representing Indigenous clients and interests from coast-to-coast-to-coast.
Susan Fridlyand is an associate with Woodward LLP. Her practice is based out of British Columbia, where she practises law for Indigenous clients in the Northwest Territories and British Columbia.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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