ARCHIVED — Vol. 146, No. 9 — April 25, 2012

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Registration

SI/2012-24 April 25, 2012

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions) Order

P.C. 2012-410 April 5, 2012

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), hereby makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF
TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES
(SOUTH SLAVE / NORTH SLAVE REGIONS) ORDER

PURPOSE

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

LANDS WITHDRAWN FROM DISPOSAL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the lands, and the tracts of territorial lands set out in Schedule 2, including the subsurface rights to the lands, are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on March 31, 2014.

EXCEPTIONS

DISPOSITION

3. Section 2 does not apply to the disposition of

  1. (a) substances or materials under the Territorial Quarrying Regulations;

  2. (b) interests in land to be used for transmission lines and ancillary facilities for power generated at any hydroelectric project on the Taltson River or at the Bluefish hydro dam; or

  3. (c) interests in land listed in the Acquisition Agreement, dated May 5, 1988, between Her Majesty the Queen in right of Canada and the Government of the Northwest Territories, the Northern Canada Power Commission and the Northwest Territories Power Corporation.

EXISTING RIGHTS AND INTERESTS

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

  1. (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;

  2. (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;

  3. (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;

  4. (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;

  5. (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;

  6. (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;

  7. (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

  8. (h) the renewal of an interest.

REPEAL

5. The Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Akaitcho Dene First Nations, N.W.T.) (see footnote 1) is repealed.

SCHEDULE 1
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL

(SOUTH SLAVE / NORTH SLAVE REGIONS)

SURFACE AND SUBSURFACE RIGHTS TO THE LANDS

In the Northwest Territories, all those parcels of land that are shown as Surface-Subsurface Lands, on the following 1:250,000 reference maps and that have been approved by the Akaitcho Dene First Nations Land Negotiator, Don Balsillie, and by the Government of Canada Acting Chief Lands Negotiator, Janet Pound, and that are on file at the Federal Claims Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, and copies of which have been deposited with the Regional Manager, Land Dispositions, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

75 D

75 F

75 H

75 I

75 J

75 K

75 L

75 M

75 N

75 O

75 P

76 A

76 B

76 C

76 D

85 A

85 G

85 H

85 I and

85 O

In the Northwest Territories, all those parcels of land that are shown as Surface-Subsurface Lands on the following 1:250,000 reference maps and that are on file at the Federal Claims Office, Department of Indian Affairs and Northern Development, at Yellowknife in the Northwest Territories, and copies of which have been deposited with the Regional Manager, Land Dispositions, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

85 B

85 J and

85 P

SCHEDULE 2
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL

(SOUTH SLAVE / NORTH SLAVE REGIONS)

SUBSURFACE RIGHTS TO THE LANDS

In the Northwest Territories, the subsurface of land identified in Commissioner’s Order 087-2006, dated November 01, 2006, and the map accompanying the Order, dated October 31, 2006. That Order was amended by Commissioner’s Order 072-2011.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order repeals the existing Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories (Akaitcho Dene First Nations, N.W.T.), made by Order in Council P.C. 2007-1661 of November 1, 2007, and registered as SI/2007-103, and makes a new Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions) Order to facilitate the resolution of Aboriginal land and resource agreements. This Order is for the period beginning on the day on which this Order is made and ending on March 31, 2014.

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

Footnote 1
SI/2007-103