Vol. 150, No. 11 — June 1, 2016

Registration
SI/2016-29 June 1, 2016

TERRITORIAL LANDS ACT

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

P.C. 2016-374 May 20, 2016

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 Nunavut (Kivalliq area) Order.

Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) 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Lands Withdrawn from Disposal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The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of three years beginning on the day on which this Order is made.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 substances or materials under the Territorial Quarrying Regulations.

Existing Rights and Interests

4 For greater certainty, section 2 does not apply to

Repeal

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Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order (see footnote 1) is repealed.

SCHEDULE

(Section 2)

Tracts of Territorial Lands Withdrawn from Disposal (Kivalliq Area)

Surface and Subsurface Rights to the Lands

In Nunavut, all those parcels of land that are 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 Manitoba Denesuline, the Athabasca Denesuline, the 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, Land Administration, at the Nunavut Regional Office, Iqaluit, Nunavut:

Territorial Resource Base Maps

55D

65A

65B

65C

65F

65G and 65H

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To repeal the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order, made by Order in Council P.C. 2013-625 of May 30, 2013, and to make 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 from disposal the surface and subsurface rights of certain lands (approximately 20 500 square kilometres) for a period of 3 years in order to facilitate the conclusion of Aboriginal land claim agreements.

Background

The Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order, P.C. 2013-625, was approved on May 30, 2013, to facilitate the conclusion of Aboriginal land claim agreements. That withdrawal order expires on May 30, 2016.

Canada is engaged in separate out-of-court settlement negotiation processes with the Ghotelnene K’odtineh Dene (formerly Manitoba Denesuline) and Athabasca Denesuline (referred to collectively as “Denesuline”) to address their asserted Aboriginal and treaty harvesting rights in Nunavut and the Northwest Territories. The Ghotelnene K’odtineh Dene also claim outstanding treaty land entitlement in Nunavut.

The Ghotelnene K’odtineh Dene, signatories to Treaties 5 and 10, consist of 2 First Nations in northern Manitoba (the Sayisi Dene and Northlands Denesuline First Nations).

The traditional territory of the Ghotelnene K’odtineh Dene in Nunavut is supported by extensive land use and occupancy studies and map biographies.

In 1993, the Ghotelnene K’odtineh Dene filed the Samuel/Thorassie legal action asserting, among other things, harvesting rights in the Northwest Territories and Nunavut and claiming that Canada had breached its fiduciary duty by concluding the Nunavut Land Claims Agreement. Canada entered into out-of-court settlement negotiations with the Ghotelnene K’odtineh Dene in 1999.

Given the advanced state of negotiations, a renewal of the interim land withdrawal is appropriate. 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.

The boundaries identified for the interim land withdrawal are the result of negotiations and are the lands that may become settlement lands pending consultations and the final agreement.

Proceeding with an interim land withdrawal will also reduce legal risks related to the Denesuline out-of-court settlement agreement that is in its final stage of negotiations.

The enclosed submission recommends that the Governor General in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, repeals the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order, made by Order in Council P.C. 2013-625 of May 30, 2013, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order, for a period of 3 years beginning on the day on which this Order is made.

Implications

Nunavut Tunngavik Inc. and the Kivalliq Inuit Association are actively participating in the Denesuline negotiations.

The proposed interim land withdrawal maps have been shared with all federal departments and agencies for review. No significant concerns have been raised.

This submission has no direct or indirect financial implications for which the approval of the 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.

Consultation

An interim land withdrawal for the Ghotelnene K’odtineh Dene will not adversely affect the Aboriginal or treaty rights of any overlapping Aboriginal groups, as interim land withdrawals do not confer ownership rights. All overlapping Aboriginal groups are directly involved in the land selection process and this will ensure that their rights are not adversely affected.

The main Aboriginal groups with overlapping interests are the Kivalliq Inuit and the Athabasca Denesuline with whom the Ghotelnene K’odtineh Dene already have an overlap agreement.

Existing interests

All existing interests within the withdrawal area will continue unaffected, 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.

Departmental contact

For more information, please contact

Mr. Eric Hopkins
Acting Manager
Land and Water Management
Indigenous and Northern Affairs Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Eric.Hopkins@aadnc-aandc.gc.ca