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Version of document from 2012-05-23 to 2014-12-11:

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

SI/2009-104

TERRITORIAL LANDS ACT

Registration 2009-10-14

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

P.C. 2009-1640 2009-10-01

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 ActFootnote a, hereby makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in Nunavut (Northern Bathurst Island National Park) Order.

Purpose

1 The purpose of this Order is to withdraw from disposal certain tracts of territorial lands to establish the proposed Northern Bathurst Island National Park in Nunavut.

Lands Withdrawn from Disposal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The tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the lands, are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on October 1, 2014.

Exceptions

Disposition of Surface Interests

3 Section 2 does not apply to the disposition of surface interests in the tracts of territorial lands set out in the schedule.

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 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 Northwest Territories and 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 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 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 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 Northwest Territories and 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 [Repeal]

SCHEDULE(Sections 2 and 3)Proposed Northern Bathurst Island National Park

In Nunavut, all those lands situated on the northerly portion of Bathurst Island, adjacent to Polar Bear Pass National Wildlife Area, certain islands westerly of the northerly portion of Bathurst Island and all offshore islands in the Berkeley Group, more particularly described with reference to the following maps, produced at a scale of 1:250,000 by the Department of Energy, Mines and Resources, and the Army Survey Establishment, R.C.E.:

68G, Edition 1, 198168H, Edition 3, 1994
(Graham Moore Bay)(McDougall Sound)
69A, Edition 2, 199569B, Edition 2, 1982
(Penny Strait)(Helena Island)
79A, Edition 2, 198278H, Edition 3, 1990
(Domett Point)(Byam Channel)

Commencing at the northwest corner of Polar Bear Pass National Wildlife Area (SOR/86-985, 18 September, 1986);

Thence southerly along the western boundary of Polar Bear Pass National Wildlife Area to the intersection of said boundary with the low water line of Bracebridge Inlet;

Thence southwesterly following the low water line of Bracebridge Inlet and Graham Moore Bay and continuing along the low water line of Austin Channel to Herbert Point;

Thence northeasterly following the low water line of Pell Inlet and continuing along the low water line of Erskine Inlet to Cape Hooper;

Thence northerly and easterly following the low water line of Erskine Inlet to Ware Point;

Thence southeasterly and northeasterly following the low water line of May Inlet to Grant Point;

Thence southwesterly following the low water line of Dundee Bight and continuing along the low water line of Dundee Bight to Palmer Point;

Thence easterly following the low water line of Stuart Bay and continuing along the low water line of Stuart Bay and May Inlet to Gambier Point;

Thence easterly and northwesterly following the low water line of Purcell Bay and May Inlet to Herbert Point;

Thence northeasterly and easterly following the low water line of Sir William Parker Strait to Cape Mary;

Thence southeasterly and easterly following the low water line of Young Inlet to Emma Point;

Thence southwesterly following the low water line of Young Inlet and continuing along the low water line of Young Inlet to Cape Sophia;

Thence easterly following the low water line of Cracroft Sound and continuing along the low water line of Cracroft Sound and Penny Strait to Cape Lady Franklin;

Thence southeasterly following the low water line of Penny Strait and continuing along the low water line of Penny Strait, Kew Bay, Carey Harbour and Water Sound to Cape Kitson;

Thence southerly following the low water line of Penny Strait and Queens Channel to the intersection of the northerly boundary of Polar Bear Pass National Wildlife Area (SOR/86-985, 18 September, 1986), in the vicinity of Rapid Point;

Thence southwesterly and westerly along said boundary to the point of commencement;

Including all islands at low water in Dundee Bight, May Inlet, Sir William Parker Strait, Young Inlet, and Cracroft Sound;

Including all islands at low water within the Berkeley group including, for greater certainty, the Hosken Islands, and Helena, Sherard Osborn, Harwood, Allard and Ricards Islands;

Including all the islands at low water in Penny Strait and Queens Channel, situated within 7 km of the low water line of Bathurst Island from Cape Lady Franklin to Rapid Point;

Including Ile Vanier, Ile Pauline, Massey Island, Ile Marc, Alexander Island and all islands at low water situated within 3 km of the low water line of these islands;

And containing approximately 12 150 km2.

Saving and excepting therefrom and reserving thereout Inuit Owned Lands Parcel RB-34 (surface title only), pursuant to the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, signed on May 25, 1993; and

Saving and excepting all land (surface only) situated between the ordinary high water line and the low water line adjacent to Inuit Owned Lands Parcel RB-34;

Saving and excepting therefrom and reserving thereout any tract of territorial lands described in this schedule which is subject to an agreement for lease, sale or other disposition made pursuant to the Territorial Lands Act and the Territorial Lands Regulations;

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.

  • SI/2012-32, s. 1

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