Vol. 135, No. 23 — November 7, 2001

Registration
SOR/2001-466 25 October, 2001

YUKON PLACER MINING ACT
YUKON QUARTZ MINING ACT

Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 04, Horseshoe Slough Habitat Protection Area, Y.T.)

P.C. 2001-1967 25 October, 2001

Whereas the Governor in Council is of the opinion that the lands described in the schedule to the annexed Order may be required to ensure the protection of the Horseshoe Slough Habitat Protection Area;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 98(see footnote a) of the Yukon Placer Mining Act and section 14.1(see footnote b) of the Yukon Quartz Mining Act, hereby makes the annexed Order Prohibiting Entry on Certain Lands in the Yukon Territory (2001, No. 04, Horseshoe Slough Habitat Protection Area, Y.T.).

ORDER PROHIBITING ENTRY ON CERTAIN LANDS IN
THE YUKON TERRITORY (2001, NO. 04, HORSESHOE SLOUGH HABITAT PROTECTION AREA, Y.T.)

PURPOSE

1. The purpose of this Order is to prohibit entry for the purposes described in section 3 on lands that may be required to ensure the protection of the Horseshoe Slough Habitat Protection Area.

INTERPRETATION

2. In this Order, "recorded claim" means:

(a) a recorded placer claim, acquired under the Yukon Placer Mining Act, that is in good standing; or

(b) a recorded mineral claim, acquired under the Yukon Quartz Mining Act, that is in good standing.

PROHIBITION

3. Subject to section 4, no person shall enter on the lands set out in the schedule, for the period beginning on the day on which this Order comes into force and ending on December 31, 2006, for the purpose of:

(a) locating a claim, or prospecting for gold or other precious minerals or stones, under the Yukon Placer Mining Act; or

(b) locating a claim, or prospecting or mining for minerals, under the Yukon Quartz Mining Act.

EXISTING RIGHTS AND INTERESTS

4. Section 3 does not apply to entry on a recorded claim by the owner or holder of that claim.

REPEAL

5. Order Prohibiting Entry on Certain Lands in the Yukon Territory (1996, No. 13)(see footnote 1), is repealed.

COMING INTO FORCE

6. This Order comes into force on the day on which it is registered.

SCHEDULE
(Section 3)

The whole of the Administrative Plan showing the Horseshoe Slough Habitat Protection Area in the Yukon Territory, within NTS Quads numbered 105M/06 and 105M/07, as said lots are shown on a plan of survey of record number 83269 in the Canada Lands Surveys at Ottawa.

Said parcel containing 87.7 square kilometres.

Saving and excepting therefrom and reserving thereout:

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

An existing Order Prohibiting Entry on Certain Lands in the Yukon Territory, made by Order in Council P.C. 1996-1851 dated December 5, 1996, prohibits entry on certain lands in the Yukon Territory in order to ensure protection of the Horseshoe Slough Habitat Protection Area on the Stewart River, in the Yukon Territory until December 31, 2001.

The First Nation of Nacho Nyak Dun, the Federal Government and the Yukon Territorial Government had agreed that, in order to assist the territorial government and the Renewable Resources Council in the development of a Management Plan for the area, as required per Clause 4.0, Schedule B, Chapter 10 of the First Nation of Nacho Nyak Dun's Final Agreement, a prohibition order would be created that would limit any encumbrances within the Horseshoe Slough Habitat Protection Area. The object of this Order was to maintain the important features of the natural and cultural environment of the area for the benefit of Yukon residents and all Canadians while respecting the rights of Yukon Indian People and Yukon First Nations. The area is now currently protected from any new staking activities.

Recently the Management Plan, for the Horseshoe Slough Habitat Protection Area was completed. Clause 4.4, Schedule B, Chapter 10 of the First Nation of Nacho Nyak Dun's Final Agreement, identifies that the Horseshoe Slough Habitat Protection Area (approximately 87.7 square kilometres), may include recommendations concerning the withdrawal of mines and minerals within the Horseshoe Slough Habitat Protection Area. Clause 3.4 of the Management Plan states that the present prohibition of staking should be extended for a further 5 years to allow for the establishment of a regulatory regime within the Horseshoe Slough Habitat Protection Area.

The amending Prohibition of Entry on Certain Lands Order will provide protection against any new locating, prospecting or mining under the Yukon Placer Mining Act and the Yukon Quartz Mining Act as per the Agreement with the Nacho Nyak Dun First Nation. This Order will be effective on the date it comes into force and is pursuant to section 98 of the Yukon Placer Mining Act and section 14.1 of the Yukon Quartz Mining Act. Existing claims staked under the Yukon Placer Mining Act and the Yukon Quartz Mining Act will not be affected by this Order.

Alternatives

The continuation of the Horseshoe Slough Habitat Protection Area and surface mining activities are competing land uses which cannot take place on the same land simultaneously. Although the mining acts contain provisions for compensation for damage to other surface land holders, this is not a practical solution in the present instance because of the use to which the surface is being put. Therefore, no alternatives can be considered since Prohibition of Entry Orders must be made pursuant to the Yukon Placer Mining Act and to the Yukon Quartz Mining Act.

Benefits and Costs

This Order will have a positive effect since it will facilitate the establishment of the Horseshoe Slough Habitat Protection Area in accordance with the Nacho Nyak Dun's First Nation Final Agreement.

Consultation

Full public consultation was conducted as part of the ratification of the First Nation of Nacho Nyak Dun's Final Agreement, which included Chapter 10. As well, the Nacho Nyak Dun Settlement Agreement has been approved by Parliament and given Royal Assent. This final agreement is now over 6 years old and is a public document. In addition to the Yukon Territorial Government and the Department of Indian Affairs and Northern Development having public meetings, relating to the agreement, the Nacho Nyak Dun had also sought approval from their membership. This process was again repeated during development of the Horseshoe Slough Habitat Protection Area Management Plan.

Compliance and Enforcement

There are no compliance mechanisms associated with this Order. However, if claims are staked, the Mining Recorder will refuse to accept them.

Contact

Chris Cuddy
Chief, Land and Water Management Division
Department of Indian Affairs
and Northern Development
Les Terrasses de la Chaudière
10 Wellington Street
Ottawa, Ontario
K1A 0H4
Tel.: (819) 994-7483
FAX: (819) 997-9623

Footnote a

S.C. 1991, c. 2, s. 2

Footnote b

S.C. 1994, c. 26, s. 78

Footnote 1

SOR/96-536

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