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Version of document from 2006-03-22 to 2008-02-25:

Order Respecting the Withdrawal from Disposal of Certain Lands (Tuktut Nogait National Park, Northwest Territories and Nunavut)

SI/2003-38

TERRITORIAL LANDS ACT

Registration 2003-03-12

Order Respecting the Withdrawal from Disposal of Certain Lands (Tuktut Nogait National Park, Northwest Territories and Nunavut)

P.C. 2003-270  2003-02-27

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, hereby makes the annexed Order Respecting the Withdrawal from Disposal of Certain Lands (Tuktut Nogait National Park, Northwest Territories and Nunavut).

Purpose

 The purpose of this Order is to withdraw from disposal certain lands to establish the proposed Tuktut Nogait National Park in the Northwest Territories and Nunavut.

Lands Withdrawn from Disposal

 Subject to section 3 and 4, the tracts of territorial lands set out in Schedules I and II are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on March 1, 2008.

Exceptions

 Section 2 does not apply to the disposition of substances or materials under the Territorial Quarrying Regulations.

Existing Rights and Interests

 For greater certainty, section 2 does not apply to

  • (a) the locating of a claim by the holder of a prospecting permit who was granted that permit before the day on which this Order is made;

  • (b) the recording of a claim 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 Canada Mining Regulations to a person with a recorded claim where the lease covers an area within 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 where the significant discovery licence covers an area 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 referred to in paragraph (d) where the production licence covers an area 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 where the production licence covers an area subject to the exploration licence or the significant discovery licence;

  • (g) the granting of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the Canada Mining Regulations or of an interest under the Canada Petroleum Resources Act where 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

 The Withdrawal from Disposal Order (Bluenose/Tuktut Nogait National Park in the Northwest Territories)Footnote 1 is repealed.

SCHEDULE I(Sections 3 and 4)Tracts of Land Withdrawn from Disposal Tuktut Nogait National Park

Proposed addition to Tuktut Nogait National Park within Nunavut;

All that parcel being more particularly described as follows: (Geographic coordinates are NAD 27)

Commencing at a point being the intersection of the shoreline of Amundsen Gulf and the mouth of Outwash River at approximate latitude 69 degrees 33 minutes north and approximate longitude 120 degrees 40 minutes 51 seconds west (the said point being a corner of the Inuvialuit Settlement Region);

thence southeasterly along the shoreline of Amundsen Gulf following the ordinary low water mark to the point of intersection with longitude 119 degrees 00 minutes west;

thence south along longitude 119 degrees 00 minutes west to the point of intersection with latitude 68 degrees 10 minutes north;

thence west along latitude 68 degrees 10 minutes north to the point of intersection with longitude 119 degrees 45 minutes west;

thence south along longitude 119 degrees 45 minutes west to the point of intersection with the boundary between the Nunavut Settlement Region and the Sahtu Settlement Area, said point being at approximate latitude 67 degrees 44 minutes 30 seconds north;

thence northwesterly in a straight line along the Nunavut/Sahtu boundary to a point at latitude 68 degrees 00 minutes north and approximate longitude 120 degrees 40 minutes 51 seconds west (the said point being the corner of the boundary of the Inuvialuit Settlement Region);

thence north along approximate longitude 120 degrees 40 minutes 51 seconds west to the point of commencement.

Said parcel containing approximately 10,000 square kilometres.

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;

Including timber that may be disposed of pursuant to the Forest Management Act of the Northwest Territories;

Saving and excepting therefrom and reserving thereout Inuit land parcel P.C. 1992-2432 Type I on the west shore of Bluenose Lake and parcel P.C. 1992-2432 Type I on the east shore of Bluenose Lake in the name of Nunavut Tunngavik Incorporated as shown in the record of the Regional Manager, Land Resources Division, in the Northwest Territories; and

Saving and excepting the following parcels:

Firstly:

Croker River — Parcel “A” (radar site)

All that certain parcel or tract of land, including those lands covered by water, lying within the Northwest Territories, District of Mackenzie, Croker River, more particularly described as follows:

Commencing at the 1987 “Site Benchmark” being a triangle cut in rock as shown on National Defence drawing H-C324/1-9950-103 and being located approximately 136.7 metres on a bearing of S 5°52′39″ W from the constructed site radar tower;

thence due West a distance of 145.000 metres to a point;

thence due North a distance of 250.000 metres to a point;

thence due East a distance of 250.000 metres to a point;

thence due South a distance of 250.000 metres to a point;

thence due West a distance of 105.000 metres, more or less, to the point of commencement;

containing an area of approximately 6.25 hectares and shown outlined with a heavy black line on National Defence drawing H-C324/1-9950-103 labelled as parcel “A”.

Saving and excepting therefrom and reserving thereout all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same.

Secondly:

Croker River — Parcel “B” (beachhead)

All that certain parcel or tract of land, including those lands covered by water lying within the Northwest Territories, District of Mackenzie, Croker River, more particularly described as follows:

Commencing at a point in the southeasterly bank of the “Unnamed” stream, labelled “Point A”, as shown on National Defence drawing H-C324/1-9910-101. Said point being located at the intersection of the southeasterly bank of the “Unnamed” stream with a line drawn perpendicular to and 390.000 metres distant on a bearing of S 43°00′00″ W from the most northerly point in the ordinary high water mark (O.H.W.M.) on the southeasterly side of the “Unnamed” stream at its mouth;

thence S 47°00′00″ E a distance of 1200.000 metres to a point;

thence N 42°00′00″ a distance of 400.000 metres, more or less, to a point in the ordinary high water mark (O.H.W.M.) of Amundsen Gulf;

thence generally northwesterly then southwesterly along the O.H.W.M. of Amundsen Gulf and the O.H.W.M. on the southeasterly side of the “Unnamed” stream, to the point of commencement;

containing an area of approximately 48.0 hectares and shown outlined with a heavy black line on National Defence drawing H-C324/l-9910-101 labelled as parcel “B”.

Saving and excepting therefrom and reserving thereout all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same.

Thirdly:

Croker River — Parcel “C” (water lot)

All that certain bed covered by water, lying within the Northwest Territories, District of Mackenzie, Croker River, more particularly described as follows:

Commencing at the most easterly corner of Croker River — Parcel “B”, being located on the ordinary high water mark (O.H.W.M.) of Amundsen Gulf;

thence northeasterly along production of the southeasterly boundary of said Parcel “B” a distance of 300.000 metres to a point;

thence in a northwesterly direction on a line perpendicular to the previous course a distance of 1000.000 metres to a point;

thence in a southwesterly direction on a line perpendicular to the previous course to a point on said O.H.W.M.;

thence generally southeasterly along said O.H.W.M. to the point of commencement;

containing an area of approximately 36 hectares and shown outlined with a heavy black line on National Defence drawing H-C324/l-9910-101 labelled as parcel “C”.

Including all water rights.

Saving and excepting therefrom and reserving thereout all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same.

Fourthly:

Croker River — Parcel “D” (access reserve)

All that certain parcel or tract of land, including those lands covered by water, lying within the Northwest Territories, District of Mackenzie, Croker River, providing access between Croker River — Parcel “A” and Croker River — Parcel “B” more particularly described as follows:

Said parcel having a perpendicular width of 100.000 metres, being 50.000 metres on both sides of the centre line of the travelled portion of the existing road;

said road is generally depicted on National Defence drawings H-C324/1-9910-101 and H-C324/1-9910-102;

containing an area of approximately 42 hectares and shown outlined with a heavy black line on said drawings labelled as parcel “D”.

Saving and excepting therefrom and reserving thereout all mines and minerals, including hydrocarbons, whether solid, liquid or gaseous, and rights to work the same

SCHEDULE II(Sections 3 and 4)Tracts of Land Withdrawn from Disposal Tuktut Nogait National Park

Proposed addition to Tuktut Nogait National Park within the Sahtu Settlement Area in the Northwest Territories;

All that parcel being more particularly described as follows: (Geographic coordinates are NAD 27)

Commencing at a point at latitude 68 degrees 00 minutes north and approximate longitude 120 degrees 40 minutes 51 seconds west (the said point being a corner of the Inuvialuit Settlement Region);

thence southeasterly in a straight line along the boundary of the Nunavut Settlement Region to approximate latitude 67 degrees 44 minutes 30 seconds north and longitude 119 degrees 45 minutes west;

thence west along latitude 67 degrees 46 minutes north to longitude 121 degrees 30 minutes west;

thence northwesterly in a straight line to a point having latitude 68 degrees 00 minutes north and longitude 122 degrees 5 minutes west longitude (the said point being on the southern boundary of the Inuvialuit Settlement Region);

thence east along latitude 68 degrees 00 minutes north to the point of commencement.

Said parcel containing approximately 1,850 square kilometres.

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; and

Including timber that may be disposed of pursuant to the Forest Management Act of the Northwest Territories.


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