Withdrawal from Disposal of the Subsurface Rights in Certain Tracts of Territorial Lands in the Northwest Territories (Nành’ Geenjit Gwitr’it Tigwaa’in/Working for the Land: Gwich’in Land Use Plan) Order (SI/2011-14)

Purpose

1 The purpose of this Order is to withdraw from disposal the subsurface rights in certain tracts of territorial lands to facilitate the establishment of the Gwich’in Land Use Plan in the Gwich’in Settlement Area described in Appendix A of Gwich’in Comprehensive Land Claim Agreement.

Subsurface Rights Withdrawn from Disposal

2 The subsurface rights in the tracts of territorial lands set out in Schedules 1 to 17 are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on January 31, 2014.

Exceptions

Disposition of Substances or Materials

3 Section 2 does not apply to the disposition of

• (a) substances or materials under the Territorial Quarrying Regulations; or

• (b) surface rights under the Territorial Lands Regulations.

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]