Vol. 148, No. 27 — December 31, 2014

Registration

SI/2014-109 December 31, 2014

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Qausuittuq National Park) Order

P.C. 2014-1475 December 12, 2014

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 (Qausuittuq National Park) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN NUNAVUT (QAUSUITTUQ NATIONAL PARK) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands to establish the proposed Qausuittuq National Park in Nunavut.

LANDS WITHDRAWN FROM DISPOSAL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The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of five years beginning on the day on which this Order is made.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of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order (see footnote 1) is repealed.

SCHEDULE
(Sections 2 and 3)

PROPOSED QAUSUITTUQ NATIONAL PARK

In Nunavut, all those lands situated on the northerly portion of Bathurst Island, adjacent to Polar Bear Pass National Wildlife Area, certain islands westerly of the northerly portion of Bathurst Island and all offshore islands in the Berkeley Group, more particularly described with reference to the following maps, produced at a scale of 1:250 000 by the Department of Energy, Mines and Resources, and the Army Survey Establishment, R.C.E.:

68G, Edition 1, 1981 68H, Edition 3, 1994
(Graham Moore Bay) (McDougall Sound)
69A, Edition 2, 1995 69B, Edition 2, 1982
(Penny Strait) (Helena Island)
79A, Edition 2, 1982 78H, Edition 3, 1990
(Domett Point) (Byam Channel)

Commencing at the northwest corner of Polar Bear Pass National Wildlife Area (SOR/86-985, 18 September, 1986);

Thence southerly along the western boundary of Polar Bear Pass National Wildlife Area to the intersection of said boundary with the low water line of Bracebridge Inlet;

Thence southwesterly following the low water line of Bracebridge Inlet and Graham Moore Bay and continuing along the low water line of Austin Channel to Herbert Point;

Thence northeasterly following the low water line of Pell Inlet and continuing along the low water line of Erskine Inlet to Cape Hooper;

Thence northerly and easterly following the low water line of Erskine Inlet to Ware Point;

Thence southeasterly and northeasterly following the low water line of May Inlet to Grant Point;

Thence southwesterly following the low water line of Dundee Bight and continuing along the low water line of Dundee Bight to Palmer Point;

Thence easterly following the low water line of Stuart Bay and continuing along the low water line of Stuart Bay and May Inlet to Gambier Point;

Thence easterly and northwesterly following the low water line of Purcell Bay and May Inlet to Herbert Point;

Thence northeasterly and easterly following the low water line of Sir William Parker Strait to Cape Mary;

Thence southeasterly and easterly following the low water line of Young Inlet to Emma Point;

Thence southwesterly following the low water line of Young Inlet and continuing along the low water line of Young Inlet to Cape Sophia;

Thence easterly following the low water line of Cracroft Sound and continuing along the low water line of Cracroft Sound and Penny Strait to Cape Lady Franklin;

Thence southeasterly following the low water line of Penny Strait and continuing along the low water line of Penny Strait, Kew Bay, Carey Harbour and Water Sound to Cape Kitson;

Thence southerly following the low water line of Penny Strait and Queens Channel to the intersection of the northerly boundary of Polar Bear Pass National Wildlife Area (SOR/86-985, 18 September, 1986), in the vicinity of Rapid Point;

Thence southwesterly and westerly along said boundary to the point of commencement;

Including all islands at low water in Dundee Bight, May Inlet, Sir William Parker Strait, Young Inlet and Cracroft Sound;

Including all islands at low water within the Berkeley Group including, for greater certainty, the Hosken Islands and Helena, Sherard Osborn, Harwood, Allard and Ricards Islands;

Including all the islands at low water in Penny Strait and Queens Channel, situated within 7 km of the low water line of Bathurst Island from Cape Lady Franklin to Rapid Point;

Including Ile Vanier, Ile Pauline, Massey Island, Ile Marc, Alexander Island and all islands at low water situated within 3 km of the low water line of those islands;

And containing an area of approximately 12 150 km2.

Saving and excepting therefrom and reserving thereout Inuit Owned Lands Parcel RB-34 (surface title only), pursuant to the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, signed on May 25, 1993;

Saving and excepting therefrom and reserving thereout all lands (surface only) situated between the ordinary high water line and the low water line adjacent to Inuit Owned Lands Parcel RB-34;

Saving and excepting therefrom and reserving thereout any tract of territorial lands described in this schedule that is subject to an agreement for lease, sale or other disposition made pursuant to the Territorial Lands Act and the Territorial Lands Regulations;

Including all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same;

Including any substances or materials that may be disposed of pursuant to the Territorial Quarrying Regulations.

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 (Northern Bathurst Island National Park) Order, made by Order-in-Council P.C. 2009-1640 of October 1, 2009, and to make a new Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Qausuittuq National Park) 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 12 150 km2), to establish the proposed Qausuittuq National Park on northern Bathurst Island in Nunavut.

Background

The Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order P.C. 2009-1640 was approved on October 1, 2009, for the establishment of a Special Management Area for the protection of the Peary Caribou population and the proposed national park on northern Bathurst Island in Nunavut. That withdrawal order expired on October 1, 2014.

In 2012, the schedule of Order-in-Council P.C. 2009-1640 was amended by Order-in-Council P.C. 2012-619, of May 3, 2012, to properly describe the lands for the proposed Qausuittuq National Park.

Parks Canada is seeking to renew the withdrawal of the lands for a period of five years. The additional time is required to implement the Inuit Impact and Benefit Agreement and to establish Qausuittuq National Park on northern Bathurst Island. The subject area for this withdrawal is not different from the amended Order-in-Council P.C. 2012-619 of May 3, 2012.

Negotiations for the Inuit Impact and Benefit Agreement for Qausuittuq National Park on northern Bathurst Island have concluded. The board of the Qikiqtani Inuit Association reviewed and approved the Inuit Impact and Benefit Agreement at its June 2014 meeting. The Government of Nunavut has reviewed the draft Inuit Impact and Benefit Agreement and has written to express its approval for the establishment of Qausuittuq National Park.

Rejection of this proposed land withdrawal would have a negative impact. It would put into question the commitment of the Government of Canada to create Qausuittuq National Park. It would also allow the potential for third-party dispositions, including “nuisance staking,” that could become liabilities to the Crown.

The enclosed submission recommends that the Governor General in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, repeal the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order, made by Order-in-Council P.C. 2009-1640 of October 1, 2009, and make the Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Qausuittuq National Park) Order, for a period of five years beginning on the day on which this Order is made.

Implications

This submission has no direct or indirect financial implications for which Treasury Board approval 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

The Government of Nunavut and the Qikiqtani Inuit Association have indicated their support for the Inuit Impact and Benefit Agreement and the park establishment process.

Departmental contact

For more information, please contact

Mr. Glen Stephens
Manager
Land and Water Management
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Glen.Stephens@aadnc-aandc.gc.ca