Vol. 143, No. 21 — October 14, 2009

Registration

SI/2009-104 October 14, 2009

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order

P.C. 2009-1640 October 1, 2009

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 (see footnote a), hereby makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN NUNAVUT (NORTHERN BATHURST ISLAND NATIONAL PARK) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands to establish the proposed Northern Bathurst Island National Park in Nunavut.

LANDS WITHDRAWN FROM DISPOSAL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The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on October 1, 2014.

EXCEPTIONS

DISPOSITION OF SURFACE INTERESTS

3. Section 2 does not apply to the disposition of surface interests in the tracts of territorial 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 mineral claim by the holder of a prospecting permit 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 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 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 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 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 Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (Northern Bathurst Island National Park, Nunavut) (see footnote 1) is repealed.

SCHEDULE
(Sections 2 and 3)

PROPOSED NORTHERN BATHURST ISLAND NATIONAL PARK AND SPECIAL MANAGEMENT AREA

In Nunavut, all those lands situated on the northerly portion of Bathurst Island, adjacent to Polar Bear Pass National Wildlife Area, certain islands westerly of the northerly portion of Bathurst Island 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.:

68G, Edition 1, 1981

(Graham Moore Bay)

69A, Edition 2, 1995

(Penny Strait)

79A, Edition 2, 1982

(Domett Point)

68H, Edition 3, 1994

(McDougall Sound)

69B, Edition 2, 1982

(Helena Island)

78H, Edition 3, 1990

(Byam Channel)

Commencing at the northwest corner of Polar Bear Pass National Wildlife Area (SOR/89-569, 7 December, 1989);

Thence southerly along the western boundary of Polar Bear Pass National Wildlife Area to the intersection of said boundary with the ordinary low water mark of Bracebridge Inlet;

Thence generally west-southwesterly following the ordinary low water mark of Graham Moore Bay and generally northwesterly following the ordinary low water mark of Austin Channel to Herbert Point;

Thence generally northeasterly following the ordinary low water mark of Pell Inlet and southeasterly, northeasterly, westerly, northwesterly, northeasterly, southwesterly and northwesterly following the ordinary low water mark of Erskine Inlet to Cape Hooper;

Thence northerly and easterly following the ordinary low water mark to Ware Point;

Thence southeasterly and northeasterly following the ordinary low water mark of May Inlet to Grant Point;

Thence southwesterly, southeasterly, northeasterly, westerly and northwesterly following the ordinary low water mark of Dundee Bight to Palmer Point;

Thence easterly, northwesterly, westerly and northwesterly following the ordinary low water mark of Stuart Bay and May Inlet to Gambier Point;

Thence easterly and northwesterly following the ordinary low water mark of Purcell Bay and May Inlet to Francis Herbert Point;

Thence northeasterly and easterly following the ordinary low water mark of Sir William Parker Strait to Cape Mary;

Thence southeasterly and easterly following the ordinary low water mark of Young Inlet to Emma Point;

Thence southwesterly, southerly, easterly, northerly, easterly, southeasterly and northerly following the ordinary low water mark of Young Inlet to Cape Sophia;

Thence easterly, southerly, northerly, easterly, southerly, northerly, westerly, northerly and easterly following the ordinary low water mark of Cracroft Sound and Penny Strait to Cape Lady Franklin;

Thence southwesterly, westerly, northwesterly, southwesterly and southeasterly following the ordinary low water mark of Penny Strait, Carey Harbour and Water Sound to Cape Kitson;

Thence southerly following the ordinary low water mark of Penny Strait and Queens Channel to the intersection of the northerly boundary of Polar Bear Pass National Wildlife Area (SOR/ 89- 569, 7 December, 1989), in the vicinity of Rapid Point;

Thence southwesterly and westerly 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 km of the ordinary low water mark of Bathurst Island from Cape Lady Franklin to Rapid Point;

Including Ile Vanier, Ile Pauline, Massey Island, Ile Mark, Alexander Island and all islands at low water within 3 km of the ordinary low water mark of these islands;

Said lands containing approximately 11 800 km².

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;

Saving and excepting therefrom and reserving thereout Inuit Owned Lands Parcel RB-34 (surface title only), pursuant to the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993;

Saving and excepting all land situated between the ordinary high water mark and the ordinary low water mark adjacent to Inuit Owned Lands Parcel RB-34.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order repeals the Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (Northern Bathurst Island National Park, Nunavut) made by Order in Council P.C. 2004-1101 of September 30, 2004 and registered as SI/2004-132, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order for the period beginning on the day on which this Order is made and ending on October 1, 2014 for the reason that the lands may be required to facilitate the establishment of the Northern Bathurst Island National Park in Nunavut.

Footnote a
R.S., c. T-7

Footnote 1
SI/2004-132

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