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Order Prohibiting the Issuance of Interests in Public Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region) (SOR/2017-103)

Regulations are current to 2024-10-30

Order Prohibiting the Issuance of Interests in Public Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region)

SOR/2017-103

NORTHWEST TERRITORIES ACT

Registration 2017-06-02

Order Prohibiting the Issuance of Interests in Public Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region)

P.C. 2017-562 2017-06-02

Whereas the Governor General in Council considers that the prohibition of the issuance under a law of the Legislature of the Northwest Territories of interests in public lands in the Northwest Territories specified in this Order (Central and Eastern Portions of the South Slave Region) is required for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement;

And whereas the Minister of Indian Affairs and Northern Development, pursuant to section 58 of the Northwest Territories ActFootnote a, has consulted the member of the Executive Council who is responsible for those public lands and any affected Aboriginal party on the boundaries of the lands and the interests that are the subject of the Order;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 56(b) of the Northwest Territories ActFootnote a, makes the annexed Order Prohibiting the Issuance of Interests in Public Lands in the Northwest Territories (Central and Eastern Portions of the South Slave Region).

Prohibition

Marginal note:Interests

1 Subject to sections 2 and 3, a person must not, under the following laws of the Legislature of the Northwest Territories, issue interests in the tracts of territorial lands set out in Schedule 1, including the surface rights to the lands, and on the tracts of territorial lands set out in Schedule 2, including the surface and subsurface rights to the lands for a period beginning on the day on which this Order comes into force and ending on the fifth anniversary of its coming into force:

  • (a) the Northwest Territories Lands Act, S.N.W.T. 2014, c. 13; and

  • (b) the Petroleum Resources Act, S.N.W.T. 2014, c. 15.

Exceptions

Marginal note:Disposition of substances or materials

2 Section 1 does not apply to the disposition of substances or materials under the Quarrying Regulations, N.W.T. Reg. 017-2014.

Marginal note:Existing interests

3 Section 1 does not apply to

  • (a) the staking of a mineral claim by the holder of a prospecting permit that was granted under the Mining Regulations, N.W.T. Reg. 015-2014, before the day on which this Order comes into force;

  • (b) the recording of a mineral claim that is referred to in paragraph (a) or its staking in accordance with the Mining Regulations, N.W.T. Reg. 015-2014, before the day on which this Order comes into force;

  • (c) the granting of a lease under the Mining Regulations, N.W.T. Reg. 015-2014, to a recorded claim holder, if the lease covers an area in the recorded claim;

  • (d) the issuance of a significant discovery licence under the Petroleum Resources Act, S.N.W.T. 2014, c. 15, to a holder of an exploration licence that was issued before the day on which this Order comes into force, if the significant discovery licence covers an area that is subject to the exploration licence;

  • (e) the issuance of a production licence under the Petroleum Resources Act, S.N.W.T. 2014, c. 15, to a holder of a significant discovery licence that is referred to in paragraph (d), if the production licence covers an area or a part of it that is subject to the significant discovery licence;

  • (f) the issuance of a production licence under the Petroleum Resources Act, S.N.W.T. 2014, c. 15, to a holder of an exploration licence or a significant discovery licence that was issued before the day on which this Order comes into force, if the production licence covers an area or a part of it that is subject to the exploration licence or the significant discovery licence;

  • (g) the issuance of a surface lease under the Northwest Territories Lands Act, S.N.W.T. 2014, c. 13, to a holder of a recorded claim under the Mining Regulations, N.W.T. Reg. 015-2014, or of an interest under the Petroleum Resources Act, S.N.W.T. 2014, c. 15, 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.

Marginal note:Existing interests

4 All existing interests will be unaffected, including renewal options.

Coming into Force

Marginal note:Registration

5 This Order comes into force on the day on which it is registered.

Table of Contents

 

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