Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order: SI/2024-22

Canada Gazette, Part II, Volume 158, Number 11

Registration
SI/2024-22 May 22, 2024

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order

P.C. 2024-508 May 9, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Northern Affairs, makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order under paragraph 23(a) of the Territorial Lands Act footnote a.

Purpose

1 The purpose of this Order is to withdraw certain tracts of territorial lands in Nunavut from disposal in order to facilitate the conclusion of Indigenous land agreements.

Lands withdrawn from disposal

2 The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of 10 years beginning on the day on which this Order is made.

Exception — disposal of material

3 Section 2 does not apply in respect of the disposal of any material as defined in section 2 of the Territorial Quarrying Regulations.

Exception — existing rights and interests

4 For greater certainty, section 2 does not apply in respect of

5 The Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order footnote 1 is repealed.

SCHEDULE

(Section 2)

Tracts of Territorial Lands Withdrawn from Disposal (Kivalliq Area)

In Nunavut, all those tracts of territorial lands that are shown as “surface and subsurface” or “subsurface only” on the following 1:250 000 Territorial Resource Base Maps, dated 2023, as agreed to among the representatives and negotiators from Ghotelnene K’odtįneh Dene, the Athabasca Denesųłiné, Nunavut Tunngavik Inc., the Kivalliq Inuit Association, the Government of Nunavut and the Government of Canada, copies of which have been deposited with the Regional Manager of Land Administration at the Nunavut Regional Office in Iqaluit, Nunavut:

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Order in Council repeals the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order (P.C. 2019-576) made on May 21, 2019, and makes a new Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order pursuant to paragraph 23(a) of the Territorial Lands Act.

Objective

The purpose of this Order in Council is to withdraw certain tracts of territorial lands in Nunavut from disposal (approximately 19 277 km²), for a period of 10 years, in order to facilitate the conclusion of Indigenous land claims agreements.

Background

Interim land withdrawals under the Territorial Lands Act are used to facilitate the successful conclusion of land claims agreements. They protect lands while negotiations are ongoing by preventing Canada from disposing of land subject to a pending agreement for a specified period. This process is also characterized as “withdrawal from disposal.”

Canada is engaged in negotiation processes with the Athabasca Denesųłiné and Ghotelnene K’odtįneh Dene to address their asserted Aboriginal and Treaty harvesting, land and other land-related rights in Nunavut, specifically in the Kivalliq region in southern Nunavut, and the Northwest Territories.

The Athabasca Denesųłiné, signatories to Treaties 8 and 10, consist of three First Nations in northern Saskatchewan: Black Lake Denesuline First Nation, Fond du Lac Denesuline First Nation and Hatchet Lake Denesuline First Nation. Ghotelnene K’odtįneh Dene, signatories to Treaties 5 and 10, consist of two First Nations in northern Manitoba: Sayisi Dene First Nation and Northlands Denesuline First Nation.

The original Order in Council was issued for a period of three years in May 2013 (P.C. 2013-625) and was subsequently renewed for an additional period of three years in May 2016 (P.C. 2016-374). Then, it was subsequently renewed for a period of five years in May 2019 (P.C. 2019-576). These renewals were necessary to withdraw the lands from disposal while negotiations were ongoing.

The interim land withdrawal Order made on May 21, 2019, (P.C. 2019-576) expires on May 21, 2024. This Order in Council would replace that Order and renew the protections for a period of 10 years. Included is an amendment to reflect the final boundaries of lands that will be transferred to the Athabasca Denesųłiné, Ghotelnene K’odtįneh Dene and Nunavut Tunngavik Incorporated upon the effective date of their respective land claims agreements.

Since 2019, significant progress has been made toward the successful conclusion of these agreements. Negotiations are nearing conclusion and the commencement of Indigenous community ratification will follow in the near future. Given the advanced stage of negotiations, a renewal of the interim land withdrawal is appropriate.

The term of 10 years will ensure that the lands that are the subject of these pending agreements will remain withdrawn until the agreements come into effect and the lands are accordingly transferred to the Athabasca Denesųłiné, Ghotelnene K’odtįneh Dene and Nunavut Tunngavik Incorporated. This is anticipated to be the final interim land withdrawal and the requested period of 10 years will ensure that it will not be necessary to submit a further withdrawal Order request for the subject lands in the future.

The Order in Council made in May 2019 (P.C. 2019-576) requested withdrawing approximately 20 500 km2. This amount was an approximation, given that negotiations were ongoing and the final land quantum had not been confirmed. It has now been determined that approximately 19 277 km2 should be withdrawn.

The lands that are the subject of this new Order in Council will not be affected by the pending Nunavut Lands and Resources Devolution Final Agreement, which sets out that the management of lands identified for selection by the Athabasca Denesųłiné, Ghotelnene K’odtįneh Dene and Nunavut Tunngavik Incorporated related to the settlement of their land claims agreements will not transfer to the Government of Nunavut. The lands identified under this new Order in Council will remain federal Crown Lands after the Nunavut Lands and Resources Devolution Final Agreement takes effect.

Implications

The Athabasca Denesųłiné and Ghotelnene K’odtįneh Dene stand to benefit from the successful conclusion of negotiations through securing clarity and predictability with respect to harvesting, land and land-related rights in Nunavut. Nunavut Tunngavik Incorporated and Kivalliq Inuit Association are actively participating in negotiations and also stand to benefit from their successful conclusion.

Furthermore, this initiative supports the Government of Canada’s commitment to settling outstanding land claims agreements and advancing reconciliation with Indigenous peoples.

All existing interests within the withdrawal area will continue unaffected, including any renewal options. The general public and Indigenous groups’ access to the lands to be withdrawn will continue unaffected during the interim land withdrawal.

This initiative has no direct or indirect financial implications.

There are no environmental impacts requiring an environmental assessment for this interim land withdrawal.

Consultation

The Athabasca Denesųłiné, Ghotelnene K’odtįneh Dene and Kivalliq Inuit represented by the Kivalliq Inuit Association are the primary Indigenous groups with overlapping interests in the Kivalliq region. These groups have an overlap agreement and are actively participating in negotiations. All groups, including the territorial government and Nunavut Tunngavik Incorporated have confirmed their support for repealing the existing withdrawal Order and making a new interim land withdrawal Order.

Contact

Rebecca Chouinard
Director
Resource Policy and Programs Directorate
Crown-Indigenous Relations and Northern Affairs Canada
Telephone: 819‑962‑6759
Email: rebecca.chouinard@rcaanc-cirnac.gc.ca