alienation in most cases, to some degree management. Common Pool Resources Closed Access Closed access common pool resources are resources that reside in the public realm but to which access is closed to all but those who have a permit or license or special right (such as Aboriginal title). Management of these resources may take place under a direct state regulatory system or under alternative systems: co-management, co-regulation, or self- regulation. Common pool closed access resources provide the rights of access, some level of withdrawal as agreed by those identified as the common pool participants, rights to participate in management decisions, right of exclusion of those not members of the common pool and in most cases right to some limited degree of alienation. Common Pool Resources Limited or Selective Access The implementation of a permitting/licensing process provides for a common pool resource with conditions for access that are in the control of the state. These controls can take a number of forms including conditions imposed on how the resource is used, amounts of the resource that can be taken, timing of the use, and conditions for transfer of the right to use of the resource to another user among other restrictions. In addition, regulatory structures are put in place to govern the violations of the restrictions on the permit or license. Common Pool Open Access Resources Open access resources are those that have no legal set of rules for the exclusion of individuals or entities from accessing and using the resource. The most usual cases cited are the atmosphere and the open oceans. Increasingly, these presumed open access resources are becoming regulated by a wide range of authorities in order to manage the impacts of unregulated and unanticipated impacts of use (Law of the Seas Convention, International Multi-lateral Fisheries Conventions, The Kyoto Protocol). While these open access resources are to some degree constrained by international agreements as well as by national and sub-national law, compliance is difficult due to limited capacity for monitoring and enforcement. This type of resource is the focus of innovations in law and governance under the label of new regulation, new governance, and new public. Significance of Property Rights for Natural Resources
Based on the constitution both the federal and provincial governments have authority over some aspects of natural resources. Within the provinces the province is the head of authority for natural resources. The management of natural resources is for the most part under the statutes of the provinces. Under this statutory authority the common pol resources fall under the “ownership of the province”. The province has the power to transfer some of these rights to private organizations and individuals via a variety of instruments.