Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order: SI/2019-29
Canada Gazette, Part II, Volume 153, Number 11
Registration
SI/2019-29 May 29, 2019
TERRITORIAL LANDS ACT
P.C. 2019-576 May 21, 2019
Her 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 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Lands Withdrawn from Disposal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The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of five years beginning on the day on which this Order is made.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
- (a) the locating of a mineral claim by the holder of a prospecting permit that was 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 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 that is 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 issuance of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the 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 (Kivalliq area) Order 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 of Land Administration, at the Nunavut Regional Office in Iqaluit, Nunavut:
Territorial Resource Base Maps
55D |
65A |
65B |
65C |
65F |
65G |
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. 2016-374 of May 20, 2016, 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 km2) for a period of five years in order to facilitate the conclusion of Indigenous land claim agreements.
Background
The Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order, P.C. 2016-374, was approved on May 20, 2016, to facilitate the conclusion of Indigenous land claim agreements. That withdrawal order expires on May 20, 2019.
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 the Denesuline) to address their asserted Indigenous 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 two 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.
Since 1999, the Denesuline and the Government of Canada have been engaged in negotiations to resolve Indigenous claims within Nunavut. Overlap agreements have been reached between the Manitoba Denesuline and Nunavut Tunngavik Inc. Significant progress has been made over the last year toward the resolution of Denesuline claims in Nunavut. The key element that all parties consider essential to the success of negotiations is the withdrawal of lands that have been identified to be of interest as the parties negotiate final land selections.
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 Indigenous 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. 2016-374 of May 20, 2016, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Kivalliq area) Order, for a period of five 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 and stand to benefit from their successful conclusion through increased land ownership in Nunavut. As a result, they are supportive of the renewed withdrawal.
The Athabasca Denesuline are actively participating in the Denesuline negotiations and are also supportive of the renewed withdrawal.
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 Indigenous or treaty rights of any overlapping Indigenous groups, as interim land withdrawals do not confer ownership rights. All overlapping Indigenous groups are directly involved in the land selection process and this will ensure that their rights are not adversely affected.
The main Indigenous 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 Indigenous groups’ access to the lands to be withdrawn will continue unaffected during the interim land withdrawal.
Departmental contact
For more information, please contact
Mr. Glen Stephens
Manager
Land and Water Management
Crown-Indigenous Relations and Northern Affairs Canada
Gatineau, Quebec
Telephone: 819‑994‑7483
Email: Glen.Stephens@canada.ca