Vol. 147, No. 26 — December 18, 2013

Registration

SI/2013-126 December 18, 2013

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order

P.C. 2013-1306 November 28, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 23(a) of the Territorial Lands Act (see footnote a), makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES (DEHCHO REGION) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands to facilitate the settlement of Aboriginal land and resource agreements in the Northwest Territories.

LANDS WITHDRAWN FROM DISPOSAL

2. The tracts of territorial lands set out in Schedule 1, including the surface and subsurface rights to the lands, and the tracts of territorial lands set out in Schedule 2, including the subsurface rights to the lands, are withdrawn from disposal for a period of two years beginning on the day on which this Order is made.

EXCEPTIONS

DISPOSITION OF SUBSTANCES OR MATERIALS

3. Section 2 does not apply to the disposition of

EXISTING RIGHTS AND INTERESTS

4. For greater certainty, section 2 does not apply to

REPEAL

5. The Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order (see footnote 1) is repealed.

SCHEDULE 1
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL IN THE NORTHWEST TERRITORIES (DEHCHO REGION)

1. In the Northwest Territories, all those parcels of land shown as Surface-Subsurface Lands on the following 1:250,000 reference maps, produced by the Department of Natural Resources and signed by the Dehcho First Nations Assistant Negotiator Herb Norwegian and the Government of Canada Chief Lands Negotiator Eddie Kolausok, on file at the Federal Claims Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

85-B

85-C

85-D

85-E

85-F

85-G

95-A

95-F

95-H

95-I

95-J

95-N

95-O

95-P

96-A

96-B and

105-H

  

2. In the Northwest Territories, all those parcels of land shown as Surface-Subsurface Lands on the following 1:250,000 reference maps, produced by the Department of Natural Resources and signed by the Dehcho First Nations Assistant Negotiator Ria Letcher and the Government of Canada Lands Negotiator Michael Walsh, on file at the Federal Claims Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

95-J

95-N

95-O

95-P

96-A and

96-B

3. In the Northwest Territories, all those parcels of land shown as Surface-Subsurface Lands on the following 1:250,000 reference maps, produced by the Department of Natural Resources and signed by the Dehcho First Nations Chief Negotiator Georges Erasmas and the Government of Canada Chief Lands Negotiator Janet Pound, on file at the Land Negotiations Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, copies of which have been deposited with the Manager, Land Administration, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

95-B

95-C

95-E

95-F

95-G

95-K and

95-L

          

SCHEDULE 2
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL IN THE NORTHWEST TERRITORIES (DEHCHO REGION)

1. In the Northwest Territories, all those parcels of land shown as Subsurface Only Lands on the following 1:250,000 reference maps, produced by the Department of Natural Resources and signed by the Dehcho First Nations Assistant Negotiator Herb Norwegian and the Government of Canada Chief Lands Negotiator Eddie Kolausok, on file at the Federal Claims Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

85-B

85-C

85-D

85-E

85-F

95-A

95-B

95-G

95-H

95-I

95-J

95-N and

95-O

          

2. In the Northwest Territories, all those parcels of land shown as Subsurface Only Lands on the following 1:250,000 reference maps, produced by the Department of Natural Resources and signed by the Dehcho First Nations Assistant Negotiator Ria Letcher and the Government of Canada Lands Negotiator Michael Walsh, on file at the Federal Claims Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

95-J

95-N and

95-O

      

3. In the Northwest Territories, all those parcels of land shown as Subsurface Only Lands on the following 1:250,000 reference maps, produced by the Department of Natural Resources and signed by the Dehcho First Nations Chief Negotiator Georges Erasmas and the Government of Canada Chief Lands Negotiator Janet Pound, on file at the Land Negotiations Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

95-B and

95-G

        

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To repeal the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order, made by Order in Council P.C. 2011-1273 of October 27, 2011, and to make the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order, pursuant to paragraph 23(a) of the Territorial Lands Act.

Objective

The purpose of this Order in Council is to withdraw from disposal the surface and subsurface rights of certain lands (approximately 54 708 square kilometres) in order to facilitate the settlement of Aboriginal land and resource agreements in the Northwest Territories.

Background

The Dehcho Process is a tripartite negotiation between the Dehcho First Nations (DFN), Canada, and the Government of the Northwest Territories (GNWT). The DFN located in the southwestern region of the Northwest Territories (NWT) is comprised of 10 Dehcho First Nation communities and three Métis locals, which includes the community of Fort Liard. The objective of the process is aimed at resolving outstanding land, resource and governance issues in the Dehcho Region.

On September 17, 1999, federal negotiators met with the DFN and the GNWT in Fort Simpson to begin the first stage of negotiations. These discussions led to the signing of the Dehcho Interim Measures Agreement on May 23, 2001, in Fort Simpson, and the Dehcho out-of-court settlement was signed on June 22, 2005. Also signed with Parks Canada were the Nahanni Park Expansion Memorandum of Understanding, signed on June 24, 2003, and the Nahanni Interim Park Management Arrangement, signed on June 22, 2005.

On February 19, 2003, the Dehcho leadership voted unanimously to support a negotiated interim land withdrawal for the sole purpose of advancing negotiations toward an agreement under the Dehcho land claim process. Support for a proposed land withdrawal was confirmed during the signing of the Dehcho Interim Resource Development Agreement on April 17, 2003, between the Dehcho First Nations and Canada, represented by the Minister of Indian Affairs and Northern Development.

Pursuant to Order in Council P.C. 2003-1230 of August 13, 2003, a land withdrawal of the lands identified was approved to facilitate completion of a land claim process with the Dehcho First Nations. Successor Interim Land Withdrawals of varying length have been in effect since 2003.

The current Withdrawal from Disposal of Certain Tracts of Territorial Lands Order (P.C. 2011-1273 of October 27, 2011) ends on November 30, 2013, and affects the surface and subsurface. It was established to ensure that no new third-party interests were created.

In August 2013, Treaties and Aboriginal Government requested the withdrawal of surface and subsurface lands for an additional two years. The two-year term will provide sufficient time for the federal negotiating team to determine if the recent progress at the negotiating table will eventually result in an Agreement-inPrinciple with the Dehcho First Nations.

A mineral assessment report has not been prepared for this proposed withdrawal. Instead, reports generated from the Northwest Territories Land Information Management System and the Mineral Exploration Recording System databases have been created. The databases show that there are very few mining claims or leases identified in the affected areas. Steps were taken to include a potential gas pipeline study corridor and negotiate interim withdrawal areas that allow for the natural progression of oil and gas plays already being developed as well as allow for some easily accessible high potential areas to be left open.

The enclosed submission recommends that the Governor in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, repeal the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order, made by Order in Council P.C. 2011-1273 of October 27, 2011, and make the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Dehcho Region) Order as described in the schedules. This Order is for a period of two years beginning on the day on which the Order is made.

Implications

The Government of the Northwest Territories negotiators have cooperated fully with the federal and Dehcho First Nations negotiators and have been informed of this request going forward. They did not express any dissatisfaction or concern with the interim land withdrawal process.

This submission has no direct or indirect financial implications for which Treasury Board approval is required, and no grants or contributions are associated with this submission. Routing procedures, as outlined in the directives on submissions, have been followed.

Consultation

At the time of the initial interim land withdrawal discussions, extensive consultation talks were conducted with various Aboriginal community groups within the Dehcho Region, as well as with environmental groups, the Canadian Association of Petroleum Producers, including the Producers Group, and the Northwest Territories Chamber of Mines. Aboriginal Affairs and Northern Development Canada ensures that the general public is updated on the Dehcho Process by way of newsletters and inserts into newspapers. There is also a public Web site with updates on the Dehcho Process and negotiation sessions are always open to the public.

Also, there was and continues to be an ongoing dialogue with the Dehcho First Nations, the Government of the Northwest Territories and federal departments, including the Department of Fisheries and Oceans, Environment Canada, Parks Canada, Royal Canadian Mounted Police, Natural Resources Canada, and Aboriginal Affairs and Northern Development Canada.

Correspondence was sent on June 21, 2013, advising the NWT Federal Caucus of the intent to request a new Order in Council and requesting, if there were any concerns, to advise the Land Negotiations Office, Treaties and Aboriginal Government. No amendments were requested by the NWT Federal Caucus.

Departmental contact

Glen Stephens
Director
Land and Water Management Directorate
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Glen.Stephens@aadnc-aandc.gc.ca