Vol. 145, No. 14 — April 2, 2011
ARCHIVED — Order Amending the National Historic Sites of Canada Order
Statutory authority
Canada National Parks Act
Sponsoring agency
Parks Canada Agency
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issue and objectives
Saoyú-ʔehdacho (see footnote 1) was designated a National Historic Site of Canada (NHSC) in 1998. The site is located in the Northwest Territories (NWT) near Déline, a community comprised largely of Sahtu Dene and Métis peoples. While designation as a NHSC recognizes the historic and cultural values of Saoyú-ʔehdacho, it does not afford any legal protection. The community of Déline, its leaders, and in particular its Elders have expressed the need to legally safeguard cultural and natural resources within the site to ensure that future development, particularly oil and gas exploration and extraction, does not adversely affect the site.
Description and rationale
The proposed Order Amending the National Historic Sites of Canada Order would provide long-term legal protection to Saoyú-ʔehdacho NHSC, a cultural landscape of great importance to the Sahtugot’ine and of national historic significance to all Canadians.
Saoyú-ʔehdacho NHSC is an Aboriginal cultural landscape located on two peninsulas of Great Bear Lake in the Northwest Territories. There is a wealth of oral histories and place names tied to specific locations found throughout Saoyú-ʔehdacho NHSC, reflecting the importance of traditional narratives to the culture of the Sahtugot’ine. The Elders’ vision for Saoyú-ʔehdacho NHSC is one of continued teaching and healing, a place that forever sustains the culture and well-being of the Sahtugot’ine.
The proposed Order would add the name of Saoyú-ʔehdacho NHSC and the land description for the Crown-owned portions of the site to the Schedule of the National Historic Sites of Canada Order under the Canada National Parks Act (CNPA). This would achieve legal protection for Crown-owned portions of the site through the application of the provisions of the National Historic Parks General Regulations (NHPGR) and the National Historic Parks Wildlife and Domestic Animals Regulations (NHPWDAR), under the authority of subsection 42(3) of the CNPA and section 2 of the National Historic Sites of Canada Order.
Saoyú-ʔehdacho NHSC was identified in 1996 as a site to be protected in the context of the Northwest Territories Protected Areas Strategy (NWT PAS). It is the first site created under the initiative, which follows more than a decade of planning, discussion, and negotiation regarding a range of proposed protected areas. The legal protection and cooperative management of the site represent important tangible achievements for the federal government in cooperation with the Government of the Northwest Territories, Aboriginal groups and governments, industry representatives, and environmental organizations.
In total, Saoyú-ʔehdacho NHSC measures 5 565 km2, of which the Crown-owned portions total 4 450 km2. The remaining 1 115 km2 are part of the 1993 Sahtu Dene and Métis Comprehensive Land Claim Agreement. The entire site, including both Crown lands and lands under the Sahtu Dene and Métis Comprehensive Land Claim Agreement, received protection under two interim land withdrawal orders: SI/2001-26, which came into force on February 28, 2001; and SI/2005-113, which replaced SI/2001-26 on November 16, 2005. Land withdrawal orders under the Territorial Lands Act prohibit new mineral claims or other third party interests from being registered on the land. The Crown lands listed in the Order were transferred to the administration and control of the Minister of the Environment from the Minister of Indian and Northern Affairs on April 14, 2009. The entire area of Saoyú-ʔehdacho NHSC now benefits from long-term protection under land withdrawal order SI/2009-94, which replaced SI/2005-113 on September 30, 2009.
While a land withdrawal order provides some legal protection of the land from development, it is not sufficient for effective management. The proposed Order would provide greater legal protection through the application of the NHPGR and the NHPWDAR. The NHPGR provide for the protection and management of ecological, natural, historical, and archaeological resources within national historic sites, and allow the superintendent to control entry and activities for the purposes of site management, preservation, and control. The NHPWDAR provide for the management, preservation, and control of domestic animals and wildlife within a NHSC.
The addition of Saoyú-ʔehdacho NHSC to the National Historic Sites of Canada Order would fulfill the Government of Canada’s commitment in the Saoyú-Æehdacho National Historic Site of Canada Protected Area and Cooperative Management Agreement, a legally binding contract for the protection and cooperative management of the site, signed in September 2008 by the federal government and by authorized representatives of the Déline Land Corporation and the Déline Renewable Resources Council. (see footnote 2) It also demonstrates timely action and good faith on the part of the Government of Canada to implement provisions of the Sahtu Dene and Métis Comprehensive Land Claim Agreement, particularly chapter 17 on protected areas, and supports the objectives of Canada’s Northern Strategy by ensuring that northern economic development and conservation are achieved in a balanced and sustainable manner.
The federal government announced funding for development and management of the site in March 2007, and funding for the site was included in Budget 2007 as part of the NWT PAS. In April 2009, the federal government announced $8.5 million over 10 years in federal funding for initial development and ongoing operational costs of the site. There would be no new costs associated with the proposed amendment of the National Historic Sites of Canada Order.
Consultation
The initiative to establish Saoyú-ʔehdacho NHSC and to provide for its long-term protection is a community-driven process that began almost two decades ago. Parks Canada’s consultations regarding the site have extended over an 18-year period and have included numerous community meetings, research interviews, and meetings with Elders to document oral history. Community consultations were undertaken regarding the proposed national historic site designation, and community members and other stakeholders were involved in the preparation of the Commemorative Integrity Statement in 1999. In 2005, a workshop with community members and stakeholders was convened to prepare the One Trail Report, which confirmed directions for the protection and management of the site.
Work undertaken to research, commemorate, plan, and negotiate an agreement to protect and cooperatively manage the site has been reported annually since 1997 in the New Parks North newsletter.
There is no controversy regarding the proposed amendment to the Order. Rather, there is wide support for this action at the community, regional, territorial, and national levels. The Déline Land Corporation and the Déline Renewable Resources Council have advocated for the legal protection of the site and participated in negotiations. The presidents of both organizations signed the Saoyú-Æehdacho National Historic Site of Canada Protected Area and Cooperative Management Agreement with the federal government in September 2008. In ratifying and signing the Agreement, the Déline Land Corporation and the Déline Renewable Resources Council have indicated their support for the proposed amendment to the Order. These organizations and the community of Déline have urged the Government to fulfil the commitment to protect the site outlined in the Agreement.
As the closest community to the site, the village of Déline has been actively consulted throughout the planning and negotiation processes. Community members met in June 2008 and voted to support the Agreement, including its provisions respecting the proposed amendment to the Order. The community meeting was preceded by community-based field workers (bilingual in Slavey and English) surveying residents, responding to questions, and providing information about the Agreement and the proposed next steps.
In addition to consultation regarding the site undertaken by Parks Canada, a separate and complementary consultation process was carried out as part of the NWT PAS. As part of this process, representatives from the mining and oil and gas industries were invited to participate in the Sahoyúé-§ehdacho Working Group, but declined. Mining companies active in the Northwest Territories received updates from representatives of the NWT and Nunavut Chamber of Mines and the Canadian Association of Petroleum Producers who were members of the NWT PAS Steering Committee, and through print and online publications. Appendix C of the Sahoyúé-§ehdacho Working Group Final Report (November 2007) provides a chronology of the research and planning processes and the community and public consultations. The report is available online at www.nwtpas.ca/areas/document-2007-sahoyue-workinggroup-report.pdf.
In accordance with the Mackenzie Valley Resource Management Act and in consultation with the Mackenzie Valley Environmental Impact Review Board, in 2007, Parks Canada conducted a preliminary screening of the proposal to provide long-term protection and implement a cooperative management regime. The screening report was distributed to interested government and non-government parties for comment. No comments or expressions of concern were received.
In summary, the research, planning, and negotiation of the Saoyú-Æehdacho National Historic Site of Canada Protected Area and Cooperative Management Agreement involved many years of consultations, meetings, and negotiations at the community, regional, and national levels. Throughout this process, stakeholders have strongly supported commemorating Saoyú-ʔehdacho as a NHSC and implementing legal measures for its long-term protection.
Implementation, enforcement and service standards
The site has been administered by Parks Canada since 2008 under the Saoyú-Æehdacho National Historic Site of Canada Protected Area and Cooperative Management Agreement. This includes making the site operational, working with representatives of the Déline Land Corporation and the Déline Renewable Resources Council on the cooperative management board, recruiting staff, and preparing a management plan in consultation with the public and stakeholders to provide strategic direction for the site. The management plan would be completed within five years of the establishment of Saoyú-ʔehdacho NHSC under the proposed Order, in accordance with the provisions of subsection 32(1) of the Parks Canada Agency Act.
Parks Canada’s management of the site would be consistent with the services provided at other national historic sites managed by the Agency. Prohibited or unauthorized activity in Saoyú-ʔehdacho NHSC would constitute an offence under relevant territorial and federal legislation, including the NHPGR and the NHPWDAR. Enforcement would be carried out by the Royal Canadian Mounted Police as the police service of jurisdiction. In addition, as part of its education and outreach program, Parks Canada would provide information to build awareness and encourage appropriate behaviour and regulatory compliance, designed to minimize the need for enforcement.
As part of the Agency’s ongoing management responsibilities, Parks Canada staff would monitor the site to ensure that the provisions of the NHPGR, the NHPWDAR, the Saoyú-Æehdacho National Historic Site of Canada Protected Area and Cooperative Management Agreement, and the Commemorative Integrity Statement are respected. Performance would be assessed through Parks Canada’s Program Activity Architecture and will be reported in annual Parks Canada Performance Reports.
Contact
Mary Lou Doyle
Manager
Government Relations and Legislation
National Historic Sites Policy Branch
National Historic Sites Directorate
Parks Canada
25 Eddy Street, 5th Floor (25-5-P)
Gatineau, Quebec
K1A 0M5
Telephone: 819-997-4045
Fax: 819-953-4139
Email: marylou.doyle@pc.gc.ca
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 42(1) of the Canada National Parks Act (see footnote a), proposes to make the annexed Order Amending the National Historic Sites of Canada Order.
Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mary Lou Doyle, Manager, Government Relations and Legislation, National Historic Sites Policy Branch, National Historic Sites Directorate, Parks Canada, Jules-Léger Building, 25 Eddy Street (25-5-P), Gatineau, Quebec K1A 0M5 (tel.: 819-997-4045; fax: 819-953-4139; email: marylou.doyle@pc.gc.ca).
Ottawa, March 24, 2011
JURICA ČAPKUN
Assistant Clerk of the Privy Council
ORDER AMENDING THE NATIONAL HISTORIC SITES OF CANADA ORDER
AMENDMENT
1. The schedule to the National Historic Sites of Canada Order (see footnote 3) is amended by adding the following after the description of the Pingo Canadian Landmark under the heading “NORTHWEST TERRITORIES”:
Saoyú-ʔehdacho National Historic Site of Canada comprising the following described areas:
Firstly;
All that parcel of land commencing at boundary monument 75L1000 on Lot 1000, Quad 96 G/15 at approximate latitude 66°05′45″N and approximate longitude 122°46′06″W;
Thence northerly and northwesterly along that lot boundary to the ordinary high-water mark of Mackintosh Bay of Great Bear Lake at approximate latitude 66°08′17″N and approximate longitude 123°00′12″W;
Thence generally northerly, easterly, southerly and westerly along the ordinary high-water mark of Mackintosh Bay, Smith Arm, Douglas Bay and Deerpass Bay of Great Bear Lake to a point of intersection with the boundary of Lot 1000, Quad 96 G/15 at approximate latitude 65°59′45″N and approximate longitude 122°27′47″W;
Thence generally northerly and westerly along that lot boundary through boundary monuments 72L1000 and 73L1000 and northeasterly and north along the boundary line to 74L1000 to the point of commencement;
That parcel containing approximately 1 975 km2 (763 square miles).
Secondly;
All that parcel of land commencing at boundary monument 7L1000 on the north boundary of Lot 1000, Quad 96 A/12 at approximate latitude 65°00′00″N and approximate longitude 121°29′21″W;
Thence westerly along that lot boundary to its point of intersection with the ordinary high-water mark of Keith Arm of Great Bear Lake at approximate latitude 65°00′24″N and approximate longitude 121°48′12″W;
Thence northerly, northeasterly, easterly, southwesterly and southerly along the ordinary high-water mark of Keith Arm and McVicar Arm of Great Bear Lake to its intersection with the north boundary of Lot 1000, Quad 96 A/12 at approximate latitude 65°01′19″N and approximate longitude 120°58′54″W;
Thence continuing northerly, northwesterly and westerly along the north boundary of that lot to the point of commencement;
Excepting the surface of lots 1000 and 1001, Quad 96 H/4, Plan 81116 CLSR/3177 LTO and lots 1001 and 1002, Quad 96 H/3, Plan 81120 CLSR/3138 LTO.
That parcel containing approximately 2 475 km2 (956 square miles).
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
[14-1-o]
Footnote 1
The site was formerly named Scented Grass Hills and Grizzly Bear Mountain National Historic Site and subsequently Sahoyúé-§ehdacho National Historic Site. In June 2008, in an attempt to better reflect the Slavey name for the site, the spelling was changed to Saoyú-Æehdacho National Historic Site of Canada and this form of the name was used in the Saoyú-Æehdacho National Historic Site of Canada Protected Area and Cooperative Management Agreement. At a meeting in June 2010, the cooperative management board voted to adopt the spelling Saoyú-ʔehdacho. The Status of Designation Committee of the Historic Sites and Monuments Board of Canada approved the change in spelling of the official name of the national historic site in October 2010.
Footnote 2
The Agreement was entered into pursuant to section 3 of the Historic Sites and Monuments Act (R.S., c. H-6, s.1) and subsection 10(1) of the Canada National Parks Act (2000, c. 32).
Footnote 3
C.R.C., c. 1112; SOR/2004-218
Footnote a
S.C. 2000, c. 32