Vol. 147, No. 26 — December 18, 2013

Registration

SI/2013-125 December 18, 2013

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts’ude niline Tu’eyeta [Ramparts River and Wetlands]) Order

P.C. 2013-1305 November 28, 2013

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 (Ts’ude niline Tu’eyeta [Ramparts River and Wetlands]) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES (TS’UDE NILINE TU’EYETA [RAMPARTS RIVER AND WETLANDS]) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands for the reason that the lands may be required as a candidate protected area, through the Northwest Territories Protected Areas Strategy, as identified in Section 26 of the Sahtu Dene and Metis Comprehensive Land Claim Agreement.

LANDS WITHDRAWN FROM DISPOSAL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lands, and the tracts of territorial lands set out in Schedule 2, including the subsurface rights to the lands, are withdrawn from disposal for a period of two years beginning on the day on which this Order is made.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

EXISTING RIGHTS AND INTERESTS

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

REPEAL

5. The Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts’ude niline Tu’eyeta (Ramparts River and Wetlands)) Order (see footnote 1) is repealed.

SCHEDULE 1
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL (TS’UDE NILINE TU’EYETA [RAMPARTS RIVER AND WETLANDS, NORTHWEST TERRITORIES]) – SURFACE AND SUBSURFACE RIGHTS TO THE LANDS
GEOGRAPHIC COORDINATES OF THE TS’UDE NILINE TU’EYETA (RAMPARTS RIVER AND WETLANDS)

In the Northwest Territories;

All that parcel of land more particularly described as follows, all topographic features hereinafter referred to being according to:

Edition 2 of the Ramparts River map sheet number 106G of the National Topographic System produced at a scale of 1:250,000 by the Canada Centre for Mapping, Department of Energy, Mines and Resources, at Ottawa;

Edition 2 of the Sans Sault Rapids map sheet number 106H of the National Topographic System produced at a scale of 1:250,000 by the Canada Centre for Mapping, Department of Energy, Mines and Resources, at Ottawa;

Edition 2 of the Fort Good Hope map sheet number 106I of the National Topographic System produced at a scale of 1:250,000 by the Surveys and Mapping Branch, Department of Energy, Mines and Resources, at Ottawa;

Edition 2 of the Ontaratue River map sheet number 106J of the National Topographic System produced at a scale of 1:250,000 by the Surveys and Mapping Branch, Department of Energy, Mines and Resources, at Ottawa;

Commencing at a point at the intersection of the easterly boundary of the Gwich’in Settlement Area (as defined in Appendix A of the Gwich’in Comprehensive Land Claim Agreement) with latitude 66°23′49″ North at approximate longitude 132°00′08″ West;

Thence northeasterly in a straight line to the intersection of latitude 66°33′39″ North and longitude 131°31′41″ West;

Thence northeasterly in a straight line to the intersection of latitude 66°38′52″ North and longitude 130°59′31″ West;

Thence easterly in a straight line to the intersection of latitude 66°39′58″ North and longitude 130°34′01″ West;

Thence southeasterly in a straight line to the intersection of latitude 66°37′57″ North and longitude 130°09′19″ West;

Thence southeasterly in a straight line to the intersection of latitude 66°29′36″ North and longitude 129°21′04″ West;

Thence southeasterly in a straight line to the intersection of latitude 66°21′21″ North and longitude 129°01′26″ West;

Thence southeasterly in a straight line to the intersection of the southeasterly bank of an unnamed stream with the west bank of the Mackenzie River at approximate latitude 66°17′22″ North and approximate longitude 128°42′08″ West;

Thence southerly along the west bank of the Mackenzie River to the intersection of the northerly bank of the Mountain River at approximate latitude 65°41′47″ North and approximate longitude 128°50′09″ West;

Thence generally southwesterly, northwesterly, westerly and southwesterly along the bank of the Mountain River to the intersection of latitude 65°33′34″ North at approximate longitude 129°16′09″ West;

Thence southwesterly in a straight line to the intersection of latitude 65°22′27″ North and longitude 129°25′46″ West;

Thence westerly in a straight line to the intersection of latitude 65°22′03″ North and longitude 129°8′26″ West;

Thence southwesterly in a straight line to the intersection of latitude 65°08′38″ North and longitude 129°52′51″ West;

Thence westerly in a straight line to the intersection of latitude 65°08′31″ North and longitude 130°09′41″ West;

Thence southwesterly in a straight line to the intersection of latitude 65°03′06″ North and longitude 130°16′29″ West;

Thence westerly in a straight line to the intersection of the easterly boundary of the said Gwich’in Settlement Area with latitude 65°04′05″ North at approximate longitude 130°40′07″ West;

Thence northerly along the easterly boundary of the said Gwich’in Settlement Area to the point of commencement.

Containing an area of approximately 14 700 km2.

All coordinates are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 Universal Transverse Mercator (UTM) projection plane surface.

SCHEDULE 2
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL (TS’UDE NILINE TU’EYETA [RAMPARTS RIVER AND WETLANDS, NORTHWEST TERRITORIES]) – SUBSURFACE RIGHTS TO THE LANDS
GEOGRAPHIC COORDINATES OF THE TS’UDE NILINE TU’EYETA (RAMPARTS RIVER AND WETLANDS)

Sub-surface withdrawal of Sahtu Parcels 14 and a portion of 21, and Sahtu Specific Site FGH57 (surveyed as lot 1001, quad 106 I/4 and recorded in the Canada Lands Surveys Records under plan 81322 CLSR), Sahtu Specific Site FGH56 (surveyed as lot 1000, quad 106 I/4 and recorded in the Canada Lands Surveys Records under plan 79041 CLSR), Sahtu Specific Site FGH27 (surveyed as lot 1002, quad 106 I/3 and recorded in the Canada Lands Surveys Records under plan 81323 CLSR), Sahtu Specific Site FGH55 (surveyed as lot 1001, quad 106 I/3 and recorded in the Canada Lands Surveys Records under plan 79040 CLSR) and Sahtu Specific Site FGH59 (surveyed as lot 1001, quad 106 H/12 and recorded in the Canada Lands Surveys Records under plan 81324 CLSR), within the proposed withdrawal area to the ordinary high-water mark, which is under the administration and control of the Minister of Indian Affairs and Northern Development, excluding all third party interest administered by that Minister.

Containing an area of approximately 387.47 km2.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To repeal the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts’ude niline Tu’eyeta [Ramparts River and Wetlands]) Order, made by Order in Council P.C. 2011-1274 of October 27, 2011, and to make the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts’ude niline Tu’eyeta [Ramparts River and Wetlands]) 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 tracts of territorial lands (approximately 15 087.47 square kilometres), in order to allow the Government of Northwest Territories, post-devolution of these lands in April 2014, to consider establishing the Ts’ude niline Tu’eyeta (Ramparts River and Wetlands), in the Northwest Territories, as a National Wildlife Area, through the Northwest Territories Protected Areas Strategy (NWT PAS).

Background

Section 26.4 of the Sahtu Dene and Métis Comprehensive Land Claim Agreement provides for the establishment of a joint working group to make recommendations with respect to the protection of Sahtu heritage places and sites, including the Ramparts. In 1999, the joint working group made six recommendations for protection of the Tsodehniline and Tuyat’ah (Ramparts River and Wetlands) area in the Places We Take Care Of report.

In the years following the release of the aforementioned report, the Tsodehniline and Tuyat’ah area was modified to become the Ts’ude niline Tu’eyeta (Ramparts River and Wetlands) area of interest. Ts’ude niline Tu’eyeta encompasses the Ramparts River/Hume River Wetlands drainage areas in the vicinity of Fort Good Hope, Northwest Territories and is considered to have critical importance to the community based upon economic, ecological and cultural values. Fort Good Hope sought protection for the area using the Northwest Territories Protected Areas Strategy and requested that the Canadian Wildlife Service sponsor their proposal to achieve permanent protection for this area.

On September 28, 2004, the Minister of Indian Affairs and Northern Development committed to working with the community of Fort Good Hope to promote balanced development including continued support for land use planning, for the establishment of a protected area and the sustainable development of mineral, oil and gas resources.

A working group was established to evaluate the ecological and economic values of the area. The working group completed a report in 2012, making recommendations on the boundary and management of the area.

Pursuant to Orders in Council P.C. 2007-1660 and P.C. 2011-1274, certain lands were withdrawn from disposition, consisting of the study area for the Ts’ude niline Tu’eyeta (Ramparts River and Wetlands) candidate National Wildlife Area (approximately 15 087.47 square kilometres) until November 30, 2013.

On November 13, 2012, Environment Canada, as the sponsoring agency for the Ts’ude niline Tu’eyeta candidate National Wildlife Area, applied for an additional two-year surface and subsurface withdrawal of the same area containing approximately 15 087.47 square kilometres.

The Northwest Territories Protected Areas Strategy (NWT PAS) outlines a series of eight steps for the planning and establishment of protected areas. The Ts’ude niline Tu’eyeta (Ramparts River and Wetlands) candidate National Wildlife Area is at step six. Renewal of the interim land withdrawal for the surface and subsurface of the study area for two years would allow time beyond the April 2014 devolution of this land to the Government of Northwest Territories to allow them to consider completing the remaining steps to establish the National Wildlife Area.

The new Order withdrawing from disposal the surface and subsurface rights of the land within the study area for the Ts’ude niline Tu’eyeta (Ramparts River and Wetlands) candidate National Wildlife Area would address a number of objectives:

The enclosed submission recommends that the Governor General in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, repeals the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts’ude niline Tu’eyeta [Ramparts River and Wetlands]) Order, made by Order in Council P.C. 2011-1274 dated October 27, 2011, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Ts’ude niline Tu’eyeta [Ramparts River and Wetlands]) Order as described in the schedules, for a period of two years 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.

The Department of Environment and Natural Resources of the Government of the Northwest Territories has expressed support for a renewed interim withdrawal of surface and subsurface rights to consider completion of the remaining steps in establishing the National Wildlife Area are completed.

Consultation

The K’ahsho Got’ine District Land Corporation has confirmed support for the extension of the interim surface and subsurface withdrawal.

The Northwest Territories Chamber of Mines was notified of the request for an extension of the existing interim withdrawal. The Chamber of Mines did not oppose the interim withdrawal.

Departmental contact

Glen Stephens
Director
Land and Water Management Directorate
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Glen.Stephens@aadnc-aandc.gc.ca