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Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Bathurst Island) Order

SI/2022-10

TERRITORIAL LANDS ACT

Registration 2022-03-02

Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Bathurst Island) Order

P.C. 2022-102 2022-02-10

Her Excellency the Governor General in Council, on the recommendation of the Minister of Northern Affairs, pursuant to paragraph 23(a) of the Territorial Lands ActFootnote a, makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Bathurst Island) Order.

Marginal note:Purpose

 The purpose of this Order is to withdraw certain tracts of territorial lands in Nunavut from disposal in order to ensure the protection of those lands until the approval of the Nunavut Land Use Plan.

Marginal note:Lands withdrawn from disposal

 The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for a period of 10 years beginning on the day on which this Order is made.

Marginal note:Exception — disposal of material

 Section 2 does not apply in respect of the disposal of any material under the Territorial Quarrying Regulations.

Marginal note:Exception — existing rights and interests

 For greater certainty, section 2 does not apply in respect of

  • (a) the staking 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 staked 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 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

  • (g) the renewal of an interest.

SCHEDULE(Section 2)Tracts of Territorial Lands Withdrawn from Disposal (Bathurst Island)

In Nunavut, all those lands situated on the northerly portion of Bathurst Island, adjacent to Polar Bear Pass National Wildlife Area, Qausuittuq National Park of Canada and Parcel RB-34 as shown on a plan recorded in the Canada Lands Surveys Records in Ottawa under number 92661, a copy of which is filed in the Land Titles Office at Iqaluit as Plan 4048, and more particularly described as follows:

Commencing at the northeastern corner of Qausuittuq National Park of Canada, said point being on the ordinary low water mark of Cracroft Sound at approximate latitude 76°37′57″ North and longitude 98°30′00″ West;

Thence generally, northerly, easterly and southerly along the ordinary low water mark of Cracroft Sound, Cape Lady Franklin, Kew Bay and Carey Harbour to a point on the ordinary low water mark of Carey Harbour where the projection of the western boundary of Parcel RB-34 meets the same;

Thence southeasterly in a straight line to a point on the ordinary high water mark of Carey Harbour where northwestern corner of Parcel RB-34 meets the same at approximate latitude 76°32′32″ North and approximate longitude 98°09′19″ West;

Thence southerly along the western boundary of Parcel RB-34 to the ordinary high water mark of Queens Channel at approximate latitude 76°02′50″ North and approximate longitude 97°33′56″ West;

Thence southerly along the prolongation of the western boundary of Parcel RB-34 to a point on the ordinary low water mark of Queens Channel;

Thence southerly along the ordinary low water mark of Queens Channel to a point on the northern boundary of Polar Bear Pass National Wildlife Area at approximate latitude 75°51′59″ North and approximate longitude 97°33′57″ West;

Thence westerly along the northern boundary of Polar Bear Pass National Wildlife Area to a point where Qausuittuq National Park of Canada meets the same at approximate latitude 75°46′35″ North and longitude 99°00′00″ West;

Thence northerly, easterly and northerly along the eastern boundary of Qausuittuq National Park of Canada to the point of commencement.

Containing an area of approximately 2000 square kilometres as measured on the Albers Equal Area Projection.

All topographic features are according to edition 9 of the CanVec dataset.

All coordinates are geodetic and referenced to the 1983 North American Datum, Canadian Spatial Reference System (NAD83, CSRS).


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