Vol. 148, No. 8 — April 9, 2014
Registration
SI/2014-37 April 9, 2014
TERRITORIAL LANDS ACT
Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nááts’ihch’oh National Park Reserve) Order
P.C. 2014-316 March 27, 2014
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 (Nááts’ihch’oh National Park Reserve) Order.
WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES (NÁÁTS’IHCH’OH NATIONAL PARK RESERVE) ORDER
PURPOSE
1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands in order to support the proposed Nááts’ihch’oh National Park Reserve within the Sahtu Settlement Area in the Northwest Territories.
LANDS WITHDRAWN FROM DISPOSAL
2. The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of one year beginning on the day on which this Order is made.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 substances or materials under the Territorial Quarrying Regulations.
EXISTING RIGHTS AND INTERESTS
4. For greater certainty, section 2 does not apply to
- (a) the locating of a mineral claim by the holder of a prospecting permit that was granted before the day on which this Order is made;
- (b) the recording of a mineral claim that is referred to in paragraph (a) or that was located before the day on which this Order is made;
- (c) the granting of a lease under the Northwest Territories and Nunavut Mining Regulations to a person with a recorded claim, if the lease covers an area in the recorded claim;
- (d) the issuance of a significant discovery licence under the Canada Petroleum Resources Act to a holder of an exploration licence that was issued before the day on which this Order is made, if the significant discovery licence covers an area that is subject to the exploration licence;
- (e) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of a significant discovery licence that is referred to in paragraph (d), if the production licence covers an area that is subject to the significant discovery licence;
- (f) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of an exploration licence or a significant discovery licence that was issued before the day on which this Order is made, if the production licence covers an area that is subject to the exploration licence or the significant discovery licence;
- (g) the issuance of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the Northwest Territories and Nunavut Mining Regulations or of an interest under the Canada Petroleum Resources Act, if the surface lease is required to allow the holder to exercise rights under the claim or interest; or
- (h) the renewal of an interest.
REPEAL
5. The Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nááts’ihch’oh National Park Reserve) Order (see footnote 1) is repealed.
SCHEDULE
(Section 2)
(NÁÁTS’IHCH’OH NATIONAL PARK RESERVE)
SAHTU SETTLEMENT AREA
SURFACE AND SUBSURFACE RIGHTS
In the Northwest Territories;
All that parcel being more particularly described as follows:
Commencing at the intersection of the Yukon and Northwest Territories Boundary with the southerly boundary of the Sahtu Settlement Area at approximate latitude 62°06′38″ North and at longitude 129°10′07″ West;
Thence northeasterly along the boundary of the Sahtu Settlement Area to the intersection of the boundary of the Sahtu Settlement Area with latitude 62°37′00″ North at approximate longitude 127°23′10″ West;
Thence northerly in a straight line to a point at latitude 62°42′00″ North and longitude 127°25′12″ West;
Thence northerly in a straight line to a point at latitude 62°53′24″ North and longitude 127°36′36″ West;
Thence northwesterly in a straight line to the monument ROCK that is established by the Mapping and Charting Establishment at approximate latitude 63°03′07″ North and approximate longitude 127°58′08″ West;
Thence northwesterly in a straight line to the monument 769045 that is established by the Geodetic Survey Division at approximate latitude 63°04′01″ North and approximate longitude 128°04′59″ West;
Thence westerly in a straight line to the monument 769034 that is established by the Geodetic Survey Division at approximate latitude 63°02′25″ North and approximate longitude 128°32′36″ West;
Thence southwesterly in a straight line to the monument 769033 that is established by the Geodetic Survey Division at approximate latitude 62°58′30″ North and approximate longitude 128°53′54″ West;
Thence southwesterly in a straight line to a point at latitude 62°57′00″ North and longitude 129°01′48″ West;
Thence northwesterly in a straight line to a point at latitude 62°58′12″ North and longitude 129°09′36″ West;
Thence westerly in a straight line to a point at latitude 62°58′12″ North and longitude 129°12′00″ West;
Thence northwesterly in a straight line to the monument CHRIS that is established by the Mapping and Charting Establishment at approximate latitude 63°03′12″ North and approximate longitude 129°22′59″ West;
Thence westerly in a straight line to the intersection of latitude 63°03′00″ North with the Yukon and Northwest Territories Boundary at approximate longitude 129°36′43″ West;
Thence generally southerly along the Yukon and Northwest Territories Boundary to the point of commencement.
Said parcel containing an area of approximately 7 600 km2.
All coordinates are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83, CSRS) and any references to straight lines means points joined directly on the NAD83, Universal Transverse Mercator (UTM) projection plane surface.
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 (Nááts’ihch’oh National Park Reserve) Order, made by Order in Council P.C. 2012-411 of April 5, 2012, and to make a new Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nááts’ihch’oh National Park Reserve) 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 7 600 km2) in order to support the proposed Nááts’ihch’oh National Park Reserve within the Sahtu Settlement Area in the Northwest Territories.
Background
On April 5, 2012, Order in Council P.C. 2012-411 withdrew from disposal certain tracts of territorial lands in order to support the establishment of the Nááts’ihch’oh National Park Reserve within the Sahtu Settlement Area in the Northwest Territories. That withdrawal order will expire on March 31, 2014.
Parks Canada is seeking to renew the withdrawal of the lands in the Sahtu Settlement Area in the Northwest Territories for a period of one year. The additional time is required to conclude negotiations with third parties with interests in the area and enact legislation to establish the proposed Nááts’ihch’oh National Park Reserve through the Canada National Parks Act. The subject area for this withdrawal does not differ from the current land withdrawal.
The mineral and energy resource assessment (MERA) for this proposal was completed for the Nááts’ihch’oh National Park Reserve in 2007. During the time that the current interim land withdrawal has been in place, Parks Canada has signed an impact and benefits plan with the Tulita District of the Sahtu Dene and Métis, engaged in a hiring process for the park reserve and initiated the Nááts’ihch’oh National Park Reserve Management Committee. On August 22, 2012, Prime Minister Stephen Harper announced the establishment of the Nááts’ihch’oh National Park Reserve.
Rejection of this proposed land withdrawal would have a negative impact. It would put into question the commitment of the Government of Canada to create the Nááts’ihch’oh National Park Reserve. It would also allow the potential for third-party dispositions, including “nuisance staking” that could become liabilities to the Crown.
The enclosed submission recommends that the Governor General in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, repeals the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nááts’ihch’oh National Park Reserve) Order, made by Order in Council P.C. 2012-411 of April 5, 2012, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Nááts’ihch’oh National Park Reserve) Order, for a period of one year beginning on the day on which this Order is made.
Implications
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
The Government of the Northwest Territories supports the land withdrawal renewal.
Parks Canada conducted a significant public consultation program for this park proposal. In addition, Parks Canada has engaged in extensive consultation with Aboriginal organizations and communities, and with stakeholders including the governments of the Northwest Territories and Yukon. The interim protection of the lands through a continued land withdrawal is necessary for the park establishment process.
Departmental contact
Mr. Glen Stephens
Director
Land and Water Management
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Glen.Stephens@aadnc-aandc.gc.ca
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Footnote a
R.S., c. T-7 -
Footnote 1
SI/2012-25