Order Fixing the Day on which this Order is Made as the Day on which Certain Provisions of that Act Come into Force: SI/2019-95

Canada Gazette, Part II, Volume 153, Number 19

Registration
SI/2019-95 September 18, 2019

BUDGET IMPLEMENTATION ACT, 2019, NO. 1

Order Fixing the Day on which this Order is Made as the Day on which Certain Provisions of that Act Come into Force

P.C. 2019-1315 September 4, 2019

Whereas the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of Thaidene Nene National Park Reserve of Canada came into effect on August 21, 2019;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 333 of the Budget Implementation Act, 2019, No. 1, chapter 29 of the Statutes of Canada, 2019, fixes the day on which this Order is made as the day on which sections 328 to 331 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order sets the date of the coming into force of amendments to the Canada National Parks Act to add the name, description and associated provisions for Thaidene Nene National Park Reserve of Canada, as described in the Budget Implementation Act, 2019, No. 1, sections 328 to 331.

Objective

The coming into force of the amendments to the Canada National Parks Act legally establishes the Thaidene Nene National Park Reserve of Canada and provides the Minister responsible for the Parks Canada Agency with authorities to administer and manage it in accordance with the Canada National Parks Act.

The establishment of this park reserve is directly aligned with the mandate letter commitment of the Minister of the Environment, as Minister responsible for the Parks Canada Agency, to expand the national park system. Furthermore, it delivers on the Government’s commitment, set in Budget 2016, to expand the national park system to ensure each of Canada’s distinct natural regions are protected. Specifically, this commitment provided Parks Canada Agency with $40.2 million over 12 years and $3.4 million ongoing to establish, develop and operate the Thaidene Nene National Park Reserve of Canada.

Background

Thaidene Nene encompasses the asserted traditional territory of the Akaitcho Dene First Nation and the Northwest Territory Métis Nation. The establishment of the national park reserve will protect an area of approximately 14 000 km2 in the Northwestern Boreal Uplands natural region, one of 39 natural regions that constitute the national park system, and will contribute 0.14% towards Canada’s goal of protecting 17% of Canada’s lands and freshwater by 2020.

In April 2019, the Government of Canada introduced amendments to the Canada National Parks Act to take steps to legally establish the Thaidene Nene National Park Reserve of Canada in the Northwest Territories. Royal assent was received on June 20, 2019, and the coming into force of the amendments requires the relinquishment, by the Commissioner of the Northwest Territories, of these lands, and the consent, by the Governor in Council, to that relinquishment.

Implications

Some species occurring in the Thaidene Nene area have been listed as “at risk,” “maybe at risk” or “sensitive.” The establishment of the Thaidene Nene National Park Reserve of Canada could protect these species, as the land will be protected from industrial exploration and development activities (e.g. logging, mining, oil and gas extraction, etc.), as well as from the development of any industrial energy access corridors or roads. It will contribute to the Government’s goal of representing each of the 39 distinct, terrestrial natural regions within Parks Canada’s national parks system.

In addition, the establishment of the Thaidene Nene National Park Reserve of Canada contributes significantly to reconciliation with Indigenous peoples by giving control to the Łutsël K’e Dene First Nation (LKDFN) and Northwest Territory Métis Nation on the delivery of services that are of cultural importance to them, by allowing their participation in the co-operative management board with Parks Canada, as well as by developing scholarship, employment and training opportunities for their membership.

Furthermore, while remote, the area’s proximity to the city of Yellowknife allows for a degree of access that is less common in other northern national parks. The proposed boundary for the Thaidene Nene National Park Reserve of Canada will also be easily accessed through the gateway community of Łutsël K’e, whether by water or by air. In support of this access, capital investments on site trails, campsites, footbridges, day-use areas, interior roads and bridges, warden cabins and emergency shelters, interpretation displays, and a fleet, as well as tourism investments, will create benefits and economic opportunities to these communities.

Consultation

The Government of Canada first proposed a national park in the Thaidene Nene area in the late 1960s. At the time, there was insufficient support for the proposal to proceed. However, to leave the option open for a national park in the future, an area of 7 340 km2 was set aside in a land withdrawal under the Territorial Lands Act in 1970.

Since then, extensive consultation has taken place regarding the establishment of the Thaidene Nene National Park Reserve of Canada, including with the Government of the Northwest Territories, the Łutsël K’e Dene First Nation, and the Northwest Territory Métis Nation.

Negotiation of an establishment agreement for Thaidene Nene began in 2010 between Parks Canada and the Łutsël K’e Dene First Nation, and in 2013, negotiation of an impact and benefit agreement with the Northwest Territory Métis Nation commenced.

In July 2015, the Government of Canada, the Government of the Northwest Territories, the Lutsel K’e First Nation, and the Northwest Territory Métis Nation reached agreement on a proposed boundary for a national park reserve in the Thaidene Nene area.

Between 2015 and 2017, Parks Canada held public consultations to refine the principles for the establishment of the Thaidene Nene National Park Reserve of Canada.

Land transfer agreement

The lands of the Thaidene Nene proposal came under the administration and control of the Government of the Northwest Territories in April 2014 following the Northwest Territories Lands and Resources Devolution Agreement, signed by the governments of Canada and the Northwest Territories.

Negotiation of a land transfer agreement between Parks Canada and the Government of the Northwest Territories was initiated in 2016. On August 20, 2019, the Government of the Northwest Territories and Parks Canada signed a memorandum of agreement for the relinquishment (by the Commissioner of the Northwest Territories) of the administration and control of the land for the establishment of the Thaidene Nene National Park Reserve of Canada.

The consent to the land relinquishment is made pursuant to section 53 of the Northwest Territories Act. The consent by the Governor in Council is proposed to occur simultaneously with the coming into force of certain amendments to the Canada National Parks Act, with the legal effect that by order in council, the lands will come under the administration and control of the Minister responsible for the Parks Canada Agency. Due to these circumstances, the Federal Real Property and Federal Immovables Act and related Treasury Board policies do not apply to this transaction.

Agreements

As part of the establishment of the Thaidene Nene National Park Reserve of Canada, the following agreements were signed in Fort Resolution (August 20, 2019) and Łutsël K’e (August 21, 2019):

Communications

The establishment of Thaidene Nene National Park Reserve of Canada was announced by the Minister of the Environment on August 21, 2019. This Order is the last step to legally establish the national park reserve and protect it under the Canada National Parks Act. Positive reactions from the Łutsël K’e Dene First Nation, the Northwest Territory Métis Nation, and other stakeholders are expected.

Agency contact

Annie Moulin
Acting Director
Policy, Legislative and Cabinet Affairs
Parks Canada
Telephone: 819‑420‑9399
Email: annie.moulin@canada.ca