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Vol. 135, No. 21 — October 10, 2001
Registration
SI/2001-101 10 October, 2001
TERRITORIAL LANDS ACT
Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (National Park — Bathurst Island, Nunavut)
P.C. 2001-1654 20 September, 2001
Her 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, hereby makes the annexed Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (National Park — Bathurst Island, Nunavut).
ORDER RESPECTING THE WITHDRAWAL FROM DISPOSAL OF CERTAIN LANDS IN NUNAVUT (NATIONAL PARK - BATHURST ISLAND, NUNAVUT)
PURPOSE
1. The purpose of this Order is to withdraw certain lands from disposal to facilitate the establishment of the proposed Bathurst Island National Park in Nunavut.
LANDS WITHDRAWN FROM DISPOSAL
2. Subject to sections 3 and 4, the tracts of territorial lands set out in the Schedule are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on October 1, 2004.
EXCEPTIONS
3. Section 2 does not apply to the disposition of
(a) substances or materials under the Territorial Quarrying Regulations; or
(b) surface interests in the lands set out in the Schedule.
EXISTING RIGHTS AND INTERESTS
4. For greater certainty, section 2 does not apply to
(a) the locating of a claim by the holder of a prospecting permit who was granted that permit before the day on which this Order is made;
(b) the recording of a claim 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 Canada Mining Regulations to a person with a recorded claim where the lease covers an area within 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 where the significant discovery licence covers an area 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 referred to in paragraph (d) where the production licence covers an area 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 where the production licence covers an area subject to the exploration licence or the significant discovery licence;
(g) the granting of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the Canada Mining Regulations or of an interest under the Canada Petroleum Resources Act where 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 Order (National Park — Bathurst Island, N.W.T.) (see footnote 1) is repealed.
SCHEDULE (Section 2)
In Nunavut, all those lands situated on the northerly portion of Bathurst Island, adjacent to Polar Bear Pass National Wildlife Area, and all offshore islands in the Berkeley Group, more particularly described with reference to the following maps, produced at a scale of 1:250,000 by the Department of Energy, Mines and Resources, and the Army Survey Establishment, R.C.E. All coordinates are derived from these map sheets being referred to the 1927 Datum:
All NTS maps at a scale of 1:250,000:
68G, Edition 1, 1981 (Graham Moore Bay)
68H, Edition 3, 1994 (McDougall Sound)
69A, Edition 2, 1995 (Penny Strait)
69B, Edition 2, 1982 (Helena Island)
Commencing at the northwest corner of Polar Bear Pass National Wildlife Area (SOR/89-569, 7 December, 1989), at latitude 75 degrees, 45 minutes, 56.497 seconds North, and Longitude 101 degrees, 11 minutes, 10.855 seconds West;
thence west to the shoreline of Erskine Inlet;
thence northeasterly, westerly, northwesterly, northeasterly, southwesterly, northwesterly, following the sinuosities of the shoreline of Erskine Inlet to Cape Hooper;
thence northerly and easterly following the sinuosities of the shoreline to Ware Point;
thence southeasterly and northeasterly following the sinuosities of the shoreline of May Inlet to Grant Point;
thence southwesterly, southeasterly, northeasterly, westerly and northwesterly following the sinuosities of the shoreline of Dundee Bight to Palmer Point;
thence easterly, northwesterly, westerly and northwesterly following the sinuosities of the shoreline of Stuart Bay and May Inlet to Gambier Point;
thence easterly and northwesterly following the sinuosities of the shoreline of Purcell Bay and May Inlet to Francis Herbert Point;
thence northeasterly and easterly following the sinuosities of the shoreline of Sir William Parker Strait to Cape Mary;
thence southeasterly and easterly following the sinuosities of the shoreline of Young Inlet to Emma Point;
thence southwesterly, southerly, easterly, northerly, easterly, southeasterly and northerly following the sinuosities of the shoreline of Young Inlet to Cape Sophia;
thence easterly, southerly, northerly, easterly, southerly, northerly, westerly, northerly, and easterly following the sinuosities of the shoreline of Cracroft Sound and Penny Strait to Cape Lady Franklin;
thence southwesterly, westerly, northwesterly, southwesterly and southeasterly following the sinuosities of the shoreline of Penny Strait, Carey Harbour and Water Sound to Cape Kitson;
thence southerly following the sinuosities of the shoreline of Penny Strait and Queens Channel to a point on the northerly boundary of Polar Bear Pass National Wildlife Area (SOR/89-569, 7 December, 1989), in the vicinity of Rapid Point, said point being at approximate latitude 75 degrees, 52 minutes, North and approximate longitude 97 degrees, 33 minutes West;
thence southwesterly and west along said boundary to the point of commencement;
including all islands at low water in May Inlet, Dundee Bight, Young Inlet, Sir William Parker Strait and Cracroft Sound;
including all islands at low water within the Berkeley Group including, for greater certainty, the Hosken Islands, and Helena, Sherard Osborn, Harward, Allard and Ricards Islands;
including all the islands at low water in Penny Strait and Queens Channel, situated within 7 kilometres of the shoreline of Bathurst Island from Cape Lady Franklin to Rapid Point;
said parcel containing approximately 8,700 square kilometres.
Saving and excepting therefrom and reserving thereout any tract of territorial lands described in the schedule which is subject to an agreement for lease or sale made pursuant to the Territorial Lands Act and the Territorial Lands Regulations; and saving and excepting therefrom and reserving thereout Inuit Owned Lands Parcel RB-34/69A (surface title only), shown on Inuit Owned Lands Ownership Map No. 59 in the series numbered 1 to 237, that were jointly delivered to the registrar of land titles in the Northwest Territories on the 15th day of April 1993, except when the description shown by the relevant map is replaced by that shown by a descriptive map plan or plan of survey in accordance with the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993, in which case the Parcels are shown on the replacement plan.
Including all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same;
Including any substances or materials that may be disposed of pursuant to the Territorial Quarrying Regulations.
EXPLANATORY NOTE
(This note is not part of the Order.)
The purpose of this Order in Council is to repeal the Withdrawal from Disposal Order (National Park — Bathurst Island, N.W.T.), made by Order in Council P.C. 1998-586 dated April 2, 1998 and to substitute therefor the Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (National Park — Bathurst Island, Nunavut).
SI/98-54
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