Vol. 148, No. 8 — April 9, 2014
Registration
SI/2014-39 April 9, 2014
TERRITORIAL LANDS ACT
Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region) Order
P.C. 2014-336 March 27, 2014
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 (Central and Eastern Portions of the South Slave Region) Order.
WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES (CENTRAL AND EASTERN PORTIONS OF THE SOUTH SLAVE REGION) ORDER
PURPOSE
1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands in order to facilitate the conclusion of Aboriginal land agreements.
LANDS WITHDRAWN FROM DISPOSAL
2. The tracts of territorial lands set out in Schedule 1, including the surface rights to the lands, and the tracts of territorial lands set out in Schedule 2, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of two years beginning on the day on which this Order is made.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
- (a) substances or materials under the Territorial Quarrying Regulations;
- (b) interests in land to be used for electrical transmission lines and ancillary facilities for power generated at any hydroelectric project on the Talston River or at the Bluefish hydro dam; or
- (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
- (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;
- (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 that is 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 that is 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 that is subject to the exploration licence or the significant discovery licence;
- (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
- (h) the renewal of an interest.
SCHEDULE 1
(Section 2)
TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL
(CENTRAL AND EASTERN PORTIONS OF THE SOUTH SLAVE REGION)
SURFACE RIGHTS TO THE LANDS
In the Northwest Territories, all those parcels of land shown as Surface Lands on the following 1:250,000 reference maps recommended by the Land Working Group, comprising representatives and negotiators from the Athabasca Denesuline and the Government of Canada, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:
TERRITORIAL RESOURCE BASE MAPS
| Map | Map | Map |
|---|---|---|
|
65D |
65L and |
75A |
All existing interests will be unaffected, including renewal options.
SCHEDULE 2
(Section 2)
TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL
(CENTRAL AND EASTERN PORTIONS OF THE SOUTH SLAVE REGION)
SURFACE AND SUBSURFACE RIGHTS TO THE LANDS
In the Northwest Territories, all those parcels of land shown as Surface-Subsurface Lands on the following 1:250,000 reference maps recommended by the Land Working Group, comprising representatives and negotiators from the Athabasca Denesuline and the Government of Canada, copies of which have been deposited with the Regional Manager, Land Administration, at Yellowknife in the Northwest Territories:
TERRITORIAL RESOURCE BASE MAPS
| Map | Map | Map | Map | Map | Map |
|---|---|---|---|---|---|
|
65D |
65E |
65L |
65M |
75A |
75B |
|
75C |
75F |
75G |
75H |
75I and |
75P |
All existing interests will be unaffected, including renewal options.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
To make the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region) 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 3 600 square kilometres), for a period of two years in order to facilitate the conclusion of Aboriginal land agreement.
Background
The Athabasca Denesuline, signatories to Treaties 8 and 10, comprise three First Nations in northern Saskatchewan (Fond du Lac, Hatchet Lake and Black Lake). Their 1991 Benoanie litigation asserted, among other things, treaty and Aboriginal harvesting and related rights in the Northwest Territories and Nunavut, and breach of fiduciary duty by Canada in concluding the Nunavut Land Claims Agreement. Canada entered into out-of-court settlement negotiations with the Athabasca Denesuline in 2000.
Further progress in the negotiations would be aided by the approval of an interim land withdrawal. Interim land withdrawals are a widely used tool to facilitate the successful negotiation of Aboriginal land claims. They are intended to protect lands while negotiations are ongoing by preventing Canada from disposing of land under the Territorial Lands Act for a specified period of time. An interim land withdrawal is appropriate for the Athabasca Denesuline, given the advanced state of the negotiations.
All existing interests within the withdrawal area will continue, including any renewal options. The general public and Aboriginal groups’ access to the lands to be withdrawn will continue unaffected during the interim land withdrawal.
The enclosed submission recommends that the Governor General in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, makes the attached Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region) 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 approval of Treasury Board is required, and no grants or contributions are associated with this submission. Routing procedures, as outlined in the directives on submissions, have been followed.
All the lands to be withdrawn are federal Crown lands.
Consultation
Canada does not believe that an interim land withdrawal for the Athabasca Denesuline will adversely affect the Aboriginal or treaty rights of any overlapping Aboriginal groups as interim land withdrawals do not confer ownership rights. In spite of this, Canada will consult with Aboriginal groups whose asserted territories overlap with any withdrawn land, once any order is passed. Canada will consult all overlapping Aboriginal groups during the land selection process to ensure that their rights are not adversely affected.
Departmental contact
Mr. Glen Stephens
Director
Land and Water Management
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Glen.Stephens@aadnc-aandc.gc.ca
-
Footnote a
R.S., c. T-7