Vol. 149, No. 8 — April 22, 2015
SOR/2015-88 April 8, 2015
CANADA NATIONAL PARKS ACT
Order Amending the National Historic Sites of Canada Order
P.C. 2015-438 April 8, 2015
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 42(1) of the Canada National Parks Act (see footnote a), makes the annexed Order Amending the National Historic Sites of Canada Order.
ORDER AMENDING THE NATIONAL HISTORIC SITES OF CANADA ORDER
1. The schedule to the National Historic Sites of Canada Order (see footnote 1) is amended by adding the following after the description of Saoyú-ʔehdacho National Historic Site of Canada after the heading “NORTHWEST TERRITORIES”:
Wrecks of HMS Erebus and HMS Terror National Historic Site of Canada comprising the following described area:
In the Arctic Ocean; in Wilmot and Crampton Bay; the area, consisting of the seabed and water column above the seabed, that is described as follows:
COMMENCING at a point at latitude 68°14′44.8′′ N and longitude 98°52′22.3′′ W;
THENCE northeasterly in a straight line to a point at latitude 68°17′44.2′′ N and longitude 98°40′17.9′′ W;
THENCE southeasterly in a straight line to a point at latitude 68°13′15.4′′ N and longitude 98°32′16.2′′ W;
THENCE southwesterly in a straight line to a point at latitude 68°10′16.5′′ N and longitude 98°44′19.3′′ W;
THENCE northwesterly in a straight line back to the point of commencement;
EXCEPTING all islands and foreshore lying above the ordinary low-water mark within the described area and all mines and minerals, whether solid, liquid or gaseous, that may be found within the described area.
That area containing approximately 83.6 km2.
All coordinates referred to are according 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 plan surface.
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
In 1992, the wrecks of HMS Erebus and HMS Terror were commemorated under the Historic Sites and Monuments Act. At the time, the location of both wrecks was not known. This commemoration does not provide protection for the wrecks. The discovery of the location of the HMS Erebus shipwreck was confirmed this fall. At the moment, there is no legal protection afforded to the shipwreck and its immediate surrounding area. There is a risk that the shipwreck and associated artifacts, which are historically significant, could be disturbed or removed.
On May 19, 1845, the Royal Navy ships, Her Majesty’s Ship (HMS) Erebus and HMS Terror, departed Greenhithe, England, on a much-heralded Arctic expedition in search of the Northwest Passage. Under the command of Sir John Franklin, the expedition’s two ships set out with a total complement of 129 officers and men. HMS Erebus and HMS Terror were equipped with novel auxiliary-steam screw propulsion systems, fitted expressly for the expedition, and lavishly provisioned for a voyage of up to three years. Sir John Franklin’s orders were to traverse the passage and return to England without delay via the Pacific. The expedition was expected to conduct a variety of zoological, botanical, magnetic, and geological surveys.
The last European contact with HMS Erebus and HMS Terror was in August 1845 by two whaling vessels. There were further encounters with Inuit groups, after which, the crews were never seen again. The disappearance of Franklin’s crew set off a massive search effort in the Arctic and the broad circumstances of the expedition’s fate were not revealed until 1859 when a vessel chartered by Lady Jane Franklin learned that both ships had become trapped in ice in late 1846 and had remained so for approximately one year and a half. Franklin had died on June 11, 1847, the complement of both ships had perished, and HMS Erebus and HMS Terror were lost to the ice. The general vicinity of the two vessels was learned, but not their specific location.
In 1992, the ships HMS Erebus and HMS Terror were designated as a national historic site under the Historic Sites and Monuments Act, despite neither shipwreck having been found at that time. The shipwrecks were designated for their direct association with Sir John Franklin’s last expedition, which has been recognized for its national significance to the history of the exploration of Canada’s North and the development of Canada as a nation. Franklin’s ships are an important part of Canadian history, and his expeditions, which took place nearly 200 years ago, laid the foundations for Canada’s Arctic sovereignty. The Government of Canada has been committed to finding the HMS Erebus and HMS Terror shipwrecks. Since 2008, there have been six Parks Canada-led searches for the Franklin expedition shipwrecks. The initial discovery of a shipwreck belonging to the Franklin expedition was confirmed on September 7, 2014. On October 1, 2014, Prime Minister Stephen Harper publicly announced that the shipwreck had been identified as HMS Erebus.
The HMS Erebus shipwreck is located on a seabed owned by Canada and in waters under Canada’s jurisdiction. The site is subject to requirements under the 1993 Nunavut Land Claims Agreement. Listing the Wrecks of HMS Erebus and HMS Terror National Historic Site of Canada on the National Historic Sites of Canada Order will establish a new conservation area as per that Agreement. This obliges the federal government to negotiate an Inuit Impact and Benefit Agreement (IIBA) with the designated Inuit organization for that national historic site. The IIBA shall include any matter connected with the national historic site that would have a detrimental impact on Inuit, or that could reasonably confer a benefit. The Government is committed to meeting its obligations under the Nunavut Land Claims Agreement. Given the need to provide comprehensive protection for the HMS Erebus shipwreck, the Government of Canada is moving forward on an urgent basis to add this national historic site to the National Historic Sites of Canada Order as per the emergency provision of the Nunavut Land Claims Agreement. This allows the IIBA to be concluded after the National Historic Sites of Canada Order is amended.
The Canada National Parks Act provides for the listing of national historic sites under the National Historic Sites of Canada Order by setting apart land, the title to which is vested in Her Majesty in right of Canada, as a national historic site of Canada.
The objective is to provide the wreck of HMS Erebus with legal protection provided by the Canada National Parks Act in order to prohibit unauthorized access to the national historic site, including the disturbance or removal of artifacts, or harmful activities in the area of the shipwreck, so that the heritage value of the shipwreck can be protected for present and future generations.
The National Historic Sites of Canada Order is being amended pursuant to subsection 42(1) of the Canada National Parks Act to add the Wrecks of HMS Erebus and HMS Terror National Historic Site of Canada to its schedule, including a description of the area of the seabed in the Arctic Ocean measuring 10 km by 10 km that encompasses the shipwreck of HMS Erebus. An area of this size is required to prevent access and activities directed at the shipwreck, and to protect underwater historical resources related to the shipwreck. The size of the area will protect any underwater debris and artifacts dispersed around the shipwreck, and will facilitate monitoring of the shipwreck site.
Adding the Wrecks of the HMS Erebus and HMS Terror National Historic Site of Canada to the National Historic Sites of Canada Order will extend to the site the protections afforded by the Canada National Parks Act and its regulations. This will provide the federal government with the authorities to prevent unauthorized access to protect the site of the shipwreck, the shipwreck itself and its artifacts, as cultural and historical resources, and to allow for the application of enforcement powers, offences and penalties under the Act.
More specifically, legal protection will be provided through the application of certain provisions of the Canada National Parks Act. These include the provisions relating to the designation of enforcement officers, enforcement powers, offences and penalties for contraventions. It will also allow the application of the National Historic Parks General Regulations, which provide for the protection and management of ecological, natural, historical, and archaeological resources within the national historic site and allow the superintendent to control entry for the purposes of site management, protection, and preservation. The relevant penalties under the Canada National Parks Act will now apply to offences related to the HMS Erebus shipwreck site.
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs to small business.
Parks Canada signed a memorandum of understanding in 2012 with the Government of Nunavut for cooperation on the Franklin shipwrecks and has had an excellent working relationship with the territorial government on the archaeological survey. Nunavut has been notified of the Government of Canada’s intention to protect the shipwreck site.
The HMS Erebus shipwreck is located within the Nunavut settlement area and is subject to the Nunavut Land Claims Agreement. Parks Canada will engage with designated Inuit organizations (Kitikmeot Inuit Association, Nunavut Tunngavik Inc., Kivalliq Inuit Association and Qikiqtani Inuit Association), as required, on this measure as well as the negotiation of an IIBA.
Canada agrees to keep the Government of the United Kingdom of Great Britain and Northern Ireland apprised of developments relating to the recovery of the wrecks. Parks Canada has informed the British government of its intention to protect the site of the HMS Erebus shipwreck by listing it on the National Historic Sites of Canada Order.
There are social and cultural benefits associated with this proposal, as inclusion of the site on the National Historic Sites of Canada Order will afford legal protection to the natural and cultural resources of the shipwreck site by extending the application of certain sections of the Canada National Parks Act, as well as the National Historic Parks General Regulations to the national historic site. The story of John Franklin has captured the imagination of Canadians and the HMS Erebus shipwreck is regarded as significant to the story of Canada, there is therefore a cultural benefit to Canada from protecting this important national historical site and its artifacts. There has been significant media coverage and high public interest in the discovery.
The proposal has been reviewed in accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. The assessment found that the Order Amending the National Historic Sites of Canada Order will enhance protection of historical and cultural resources and support the commemorative integrity of the Wrecks of HMS Erebus and HMS Terror National Historic Site of Canada. These are important positive effects. No important negative environmental effects are expected to result from the Order Amending the National Historic Sites of Canada Order.
Implementation, enforcement and service standards
The site will be administered by Parks Canada. Parks Canada will work with local communities and designated Inuit organizations to fulfill obligations under the Nunavut Land Claims Agreement and in the preparation of a commemorative integrity statement and management plan. The management plan will be completed within five years of establishment of the shipwreck site under the National Historic Sites of Canada Order, in accordance with the provisions of subsection 32(1) of the Parks Canada Agency Act.
Once the Order Amending the National Historic Sites of Canada Order is approved, park wardens will enforce the Agency’s regulatory regime for which they are already trained and equipped. Current education, compliance and monitoring programs will be used to implement the Act and related regulation. Parks Canada staff members have been trained in prevention methods and techniques that focus on visitor awareness and understanding to achieve voluntary compliance with the regulatory regime.
An offence under the Canada National Parks Act by an individual is punishable by a fine of up to $100,000.
Chief Administrative Officer
Strategy and Plans Directorate
Parks Canada Agency
30 Victoria Street, 4th Floor