132, No. 5 — March 4, 1998

Registration
SI/98-36 4 March, 1998

TERRITORIAL LANDS ACT

Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories

P.C. 1998-224 19 February, 1998

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, hereby repeals the Withdrawal from Disposal Order, made by Order in Council P.C. 1995-589 of April 4, 1995 (see footnote a), and makes the annexed Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territories.

ORDER RESPECTING THE WITHDRAWAL FROM DISPOSAL OF CERTAIN LANDS IN THE NORTHWEST TERRITORIES

Short Title

1. This Order may be cited as the Withdrawal from Disposal Order (Bluenose/Tuktut Nogait National Park in the Northwest Territories).

Purpose

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

Lands Withdrawn from Disposal

3. Subject to section 4, the lands described in the schedule are withdrawn from disposal for the period beginning on the date of registration of this Order and ending on March 1^st, 2003.

Exceptions

4. Section 3 does not apply in respect of

(a) existing located or recorded mineral claims or prospecting permits in good standing acquired under the Canada Mining Regulations;

(b) existing rights in good standing created pursuant to section 8 of the Territorial Lands Act or under the Territorial Lands Regulations;

(c) rights to obtain surface leases on existing or located or recorded mineral claims acquired pursuant to section 8 of the Territorial Lands Act or under the Territorial Lands Regulations;

(d) existing permits, special renewal permits and leases in good standing acquired under the Canada Oil and Gas Land Regulations;

(e) existing permits in good standing acquired under the Territorial Quarrying Regulations;

(f) existing rights, permits and interests granted under the Canada Petroleum Resources Act;

(g) existing rights issued pursuant to the Territorial Coal Regulations or the Territorial Dredging Regulations or pursuant to the Forest Management Act of the Northwest Territories; and

(h) interests in lands described in Exhibit 2 of the Acquisition Agreement, dated May 5^th, 1988, among Her Majesty in right of Canada, the Northern Canada Power Commission, the Government of the Northwest Territories and the Northwest Power Corporation.

SCHEDULE I
(Sections 3 and 4)

LANDS WITHDRAWN FROM DISPOSAL

Proposed Bluenose/Tuktut Nogait National Park within Inuvialuit Settlement Region in the Northwest Territories;

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 and 51 seconds west, the said point being a corner of the Inuvialuit Settlement Region;

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

thence westerly along the parallel of 68 degrees 00 minutes north, also being the limit of the Inuvialuit Settlement Region, to its intersection with longitude 122 degrees 05 minutes west;

thence northwest in a straight line to a point having a latitude of 68 degrees 30 minutes north and longitude 123 degrees 20 minutes west;

thence north along longitude 123 degrees 20 minutes west to its intersection with the surveyed boundary of the Paulatuk 7(1)(b) lands at approximate latitude 69 degrees 00 minutes north;

thence easterly along the surveyed boundary of the Paulatuk lands to the surveyed corner at approximate latitude 69 degrees 00 minutes north and approximate longitude 123 degrees 10 minutes west;

thence north along the surveyed boundary of the Paulatuk 7(1)(b) and 7(1)(a) lands to the surveyed corner of the 7(1)(b) lands at approtimate latitude 69 degrees 19 minutes north and approximate longitude 123 degrees 10 minutes west;

thence east, north, north easterly, easterly and south easterly along the surveyed boundary of Paulatuk 7(1)(b) lands to its intersection with the middle thread of the Outwash River at approximate latitude 69 degrees 27 minutes 46 seconds north and approximate longitude 120 degrees 51 minutes and 51 seconds west;

thence northerly and easterly along the middle thread of the Outwash River to the point of commencement.

Said parcel containing approximately 16,340 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.

SCHEDULE II
(Sections 3 and 4)

LANDS WITHDRAWN FROM DISPOSAL

Proposed Bluenose/Tuktut Nogait National Park within Nunavut.

In the Northwest Territories;

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 1 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 III
(Sections 3 and 4)

LANDS WITHDRAWN FROM DISPOSAL

Proposed Bluenose/Tuktut Nogait National Park within 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.

EXPLANATORY NOTE

(This note is not part of the Order.)

The purpose of this Order in Council is to repeal the Withdrawal of Certain Lands Order, made by Order in Council P.C. 1995-589 of April 4, 1995 and to make in substitution therefor the Order Respecting the Withdrawal from Disposal of Certain Lands in the Northwest Territory.

Footnote a

SI/95-51, 1995 Canada Gazette Part II, p. 1022

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