Vol. 145, No. 21 — October 12, 2011

Registration

SI/2011-78 October 12, 2011

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Eeyou Marine Region) Order

P.C. 2011-953 September 22, 2011

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 Nunavut (Eeyou Marine Region) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN
TRACTS OF TERRITORIAL LANDS IN NUNAVUT
(EEYOU MARINE REGION) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands in order to facilitate the completion of a Comprehensive Land Claim Agreement between the Government of Canada and the Crees of Quebec within the Eeyou Marine Region, Nunavut.

LANDS WITHDRAWN FROM DISPOSAL

2. The tracts of territorial lands set out in the schedule, including, for greater certainty, the surface and subsurface rights to the lands, are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on November 30, 2013.

EXCEPTIONS

DISPOSITION OF SUBSTANCES OR MATERIALS

3. Section 2 does not apply to the disposition of substances or materials under the Territorial Quarrying Regulations.

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 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 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 Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Eeyou Marine Region) Order (see footnote 1) is repealed.

SCHEDULE
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM
DISPOSAL (EEYOU MARINE REGION, NUNAVUT)
PART 1

Except as indicated in Part 2, the portion of the Eeyou Marine Region (EMR) to be withdrawn from disposition, as illustrated on NTS map sheets 32M, 33D, 33E, 33L, 43A, 43H and 43I, includes all lands, surface and subsurface, within the following boundary:

Commencing at the Ontario-Quebec boundary, as defined in An Act respecting the north-western, northern and north-eastern boundaries of the province of Quebec, Can. 61 Vict. c. 3, near Chiyask Bay at approximate 51°27′40″ N latitude and approximate 79°31′05″ W longitude;

thence northwesterly following the geodesic line to the intersection of 51°47′00″ N latitude and 80°00′00″ W longitude, southwest of Charlton Island;

thence northwesterly following the geodesic line to the intersection of 52°45′00″ N latitude and 80°30′00″ W longitude, east of Akimiski Island;

thence northwesterly following the geodesic line to a point at the intersection of 54°30′ N latitude and 81°20′ W longitude, northwest of Bear Island;

thence northeasterly following the geodesic line to a point at the intersection of 55°00′ N latitude and 81°00′ W longitude, east of Cape Henrietta Maria, Ontario, being a point coincident with Nunavut Settlement Area (NSA), as defined in the Nunavut Land Claims Agreement;

thence east, coincident with the NSA, following 55°00′ N latitude to a point at the intersection with 80°00′ W longitude, northwest of Long Island;

thence south along 80°00′ W longitude to the intersection of 54°46′ N latitude, southwest of Long Island;

thence southeasterly, following the geodesic line to a point on the boundary of Quebec at the northwestern tip of Cape Jones (locally known as Aahaashaakaach Akuminaan Aanaayaach / Tikiraujaaraaluk) northeast of Pointe Louis XIV at approximate 54°38′55″ N latitude and approximate 79°45′00″ W longitude;

thence generally southerly following the boundary of Quebec to the point of commencement.

PART 2

Pursuant to Schedule 6 of Article 28 of the Nunavik Inuit Land Claim Agreement, the following are excluded from withdrawal:

  • A. Grass Island (Aamishkushiiunikaach) of which the centre is located at approximately 53°47′50″ N latitude and 79°06′40″ W longitude; and
  • B. the lands bounded within the following coordinates:
    1. 53°50′06″ N latitude and 79°07′59″ W longitude;
    2. 53°50′13″ N latitude and 79°04′11″ W longitude;
    3. 53°49′46″ N latitude and 79°04′27″ W longitude;
    4. 53°49′40″ N latitude and 79°05′00″ W longitude;
    5. 53°49′25″ N latitude and 79°05′35″ W longitude;
    6. 53°49′31″ N latitude and 79°07′20″ W longitude;
    7. 53°49′49″ N latitude and 79°08′00″ W longitude;

For greater certainty, included within the bounded area are the following named islands:

Governor Island: the centre of which is located at approximately 53°49′45″ N latitude and 79°06′00″ W longitude (locally known as Uchimaauminishtikw);

Sam Island: the centre of which is located at approximately 53°50′00″ N Latitude and 79°06′00″ W Longitude; and

Seal Islands: the centre of which is located at approximately 53°49′45″ N latitude and 79°07′30″ W longitude (locally known as Aahchikuminishtikw).

NOTE: All coordinates are in reference to North American Datum 1927 (NAD 27).

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order repeals the Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Eeyou Marine Region) Order, made by Order in Council P.C. 2008-1678 of September 5, 2008, as registered as SI/2008-104, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Eeyou Marine Region) Order to facilitate the completion of a Comprehensive Land Claim Agreement between the Government of Canada and the Crees of Quebec within the Eeyou Marine Region, Nunavut, for the period beginning on the day on which the Order is made and ending on November 30, 2013.