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Gwaii Haanas National Park Reserve Order (SOR/96-93)

Regulations are current to 2024-10-30

Gwaii Haanas National Park Reserve Order

SOR/96-93

CANADA NATIONAL PARKS ACT

Registration 1996-01-23

Order Setting Aside Certain Lands for the Gwaii Haanas National Park Reserve

P.C. 1996-78 1996-01-23

Whereas the title to the lands described in the annexes to the annexed Order is vested in Her Majesty in right of Canada;

And Whereas His Excellency the Governor General in Council is satisfied that it is in the public interest to set apart the lands as a National Park Reserve to protect internationally significant heritage resources;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Communications, pursuant to subsection 8.5(2) of the National Parks Act, pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests in or to the Gwaii Haanas Archipelago, hereby makes the annexed Order setting aside certain lands for the Gwaii Haanas National Park Reserve.

Short Title

 This Order may be cited as the Gwaii Haanas National Park Reserve Order.

Reserve for National Park

 The lands described in the two annexes hereto, being lands in the Queen Charlotte Islands, British Columbia, are set aside as a reserve for a national park to be known as the Gwaii Haanas National Park Reserve.

(Province of British Columbia OIC No. 438)

Annex “A”

In the Province of British Columbia;

In Queen Charlotte Land District;

In the Queen Charlotte Islands;

All those parcels or tracts of land, together with all that foreshore or land covered by water lying above the ordinary high water mark (O.H.W.M.) of the Queen Charlotte Islands and situated southerly of a line described as follows:

Commencing at the intersection of the 52°50′05″ parallel of north latitude with the 131°20′10″ meridian of west longitude (said intersection being a point in Hecate Strait approximately 10 kilometres northeasterly of Lost Islands);

thence westerly in a straight line to the ordinary high water mark at the most northeasterly point of Tangil Peninsula at Porter Head at approximate latitude 52°48′35″ and approximate longitude 131°39′20″ (said line passing approximately 2 kilometres north of Lost Islands);

thence southwesterly in a straight line to the most easterly peak on the Tangil Peninsula at approximate latitude 52°48′10″ and approximate longitude 131°39′39″;

thence generally westerly along the watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet to the peak at the intersection of the northerly boundary of the watershed of Crescent Inlet with the said watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet (said peak being at approximate latitude 52°46′37″ and approximate longitude 131°49′09″);

thence southwesterly in a straight line to the northeast corner of Lot 663;

thence southerly and westerly along the easterly and southerly boundaries of said Lot 663 to the intersection with the southerly boundary of the watershed of Crescent Inlet, said intersection marked by a Pipe Post, being a point on the northerly boundary of South Moresby National Park Reserve as shown on Plan 9 Tube 1483 on file with the Surveyor General Branch of the Ministry of Environment, Lands and Parks, at Victoria, a duplicate of which is recorded as Plan 72869 in the Canada Lands Surveys Records at Ottawa;

thence generally southwesterly along the southerly boundary of the watershed of said Crescent Inlet, being also a portion of the southerly boundary of Tree Farm Licence 24 Block 2, to the intersection with the easterly boundary of the Lockeport Four Mineral Claim, Record Number 5828(2), said intersection marked by a Pipe Post, being a point on the northerly boundary of the South Moresby National Park Reserve as shown on Plan 27 Tube 1452 on file with the Surveyor General Branch of the Ministry of Environment, Lands and Parks, at Victoria, a duplicate of which is recorded as Plan 72242 in the Canada Lands Surveys Records at Ottawa;

thence southerly and westerly along the easterly and southerly boundaries of the said mineral claim to the intersection with the southerly boundary of the watershed of Crescent Inlet, said intersection marked by a P. Rock being a point on said northerly boundary of the South Moresby National Park Reserve as shown on said Plan 27 Tube 1452;

thence generally westerly along the southerly boundaries of the watershed of said Crescent Inlet and of Tasu Sound, being also a portion of the southerly boundary of Tree Farm Licence 24 Block 2, to a point on the O.H.W.M. at Tasu Head, said southerly boundaries crossing in sequence the summits of Apex Mountain, Mount de la Touche, Mount Oliver and Mount Moody;

thence southwesterly in a straight line to the intersection of the 52°40′36″ parallel of north latitude with the 132°13′16″ meridian of west longitude (said intersection being a point in the Pacific Ocean approximately 10 kilometres from said point on the O.H.W.M. at Tasu Head);

SAVE AND EXCEPT THE FOLLOWING DESCRIBED PARCELS OR TRACTS OF LAND:

FIRSTLY:

The whole of Tanoo Indian Reserve No. 9 (Tanu) according to Plan B.C. 42 recorded in the Canada Lands Surveys Records at Ottawa.

SECONDLY:

District Lot 120, except thereout a strip of land 66 feet in width measured from the high water mark and except Plan 9837.

THIRDLY:

Lot 1 of District Lot 120, Plan 9837.

FOURTHLY:

Forest Exclusion Areas 1 to 3 (inclusive) described as:

AREA #1

Those parcels or tracts of land described as Blocks 3, 4 and 5 in Schedule “B” of Tree-Farm Licence No. 24, dated May 2, 1979, and on the Official Register of the Forest Service, Timber Harvesting Branch, Victoria, British Columbia.

AREA #2

That portion of Block 2 described in Schedule “B” of said Tree Farm Licence lying to the south and east of the above described line.

AREA #3

Lots 640, 647, 660 and 1940 (being Timber Licences TO938, TO943, TO931 and TO950, respectively), together with that portion of Special Timber Licence 1209P (being TO924) which lies to the south of the above described line.

FIFTHLY:

Mineral Exclusion Areas 1 to 5 (inclusive) described as:

AREA #1

Commencing at Poole Pt., being a point on the easterly O.H.W.M. of Burnaby Island at approximate latitude 52°22′23″ and approximate longitude 131°14′35″;

thence generally westerly and southwesterly along the O.H.W.M. of Burnaby Island to the most southerly point of Francis Bay, being a point on said O.H.W.M. at approximate latitude 52°21′51″ and approximate longitude 131°17′00″;

thence southwesterly in a straight line to the most northerly point of Swan Bay, being a point on the O.H.W.M. of Burnaby Island at approximate latitude 52°21′00″ and longitude 131°18′10″;

thence southeasterly in a straight line to the intersection of the 52°20′15″ parallel of north latitude with the 131°17′00″ meridian of west longitude;

thence easterly in a straight line to a point on the 52°20′15″ parallel of north latitude lying due south of Poole Pt., being a point on the easterly O.H.W.M. of Burnaby Island and being the point of commencement;

thence due north to said point of commencement.

AREA #2

Commencing at the northwest corner of Lot 105, being a point on the ordinary high water mark of Skincuttle Inlet;

thence due north to a point lying due west of Deluge Point, Moresby Island, said point at approximate latitude 52°19′36″ and approximate longitude 131°13′00″;

thence due east to said Deluge Point, Moresby Island, being a point on the O.H.W.M. of Skincuttle Inlet, at approximate latitude 52°19′36″ and approximate longitude 131°10′00″;

thence generally southeasterly along the O.H.W.M. of Skincuttle Inlet to Ikeda Point, Moresby Island, being a point on the O.H.W.M. of Hecate Strait at approximate latitude 52°18′55″ and approximate longitude 131°08′10″;

thence southeasterly in a straight line to the most easterly point of Marion Rock, being a point on the O.H.W.M. of Collison Bay at approximate latitude 52°17′25″ and approximate longitude 131°06′30″;

thence due south to a point lying due east of the southeast corner of Lot 2748;

thence due west to a point lying due south of the southeast corner of Lot 2610;

thence northwesterly in a straight line to the most southerly corner of Lot 2604;

thence northwesterly along the southwesterly boundary of said Lot 2604 to the most westerly corner thereof;

thence northerly in a straight line to the northwest corner of Lot 2607;

thence northeasterly in a straight line to the most westerly corner of Lot 79;

thence northeasterly in a straight line to the most westerly corner of Lot 88;

thence northeasterly along the northwesterly boundary of said Lot 88 to the most northerly corner thereof, and continuing northeasterly in a straight line to the northwest corner of Lot 2597;

thence northeasterly along the northerly boundary of said Lot 2597 to the O.H.W.M. of Harriet Harbour, on the easterly shore thereof;

thence generally northerly, northwesterly and northeasterly along the O.H.W.M. of Harriet Harbour and Skincuttle Inlet to the point of commencement.

AREA #3

Commencing at a point on the O.H.W.M. of Richardson Island, on the westerly shore thereof, lying due east of the southeast corner of Lot 663, said point being at approximate latitude 52°43′35″ and approximate longitude 131°45′15″;

thence southeasterly in a straight line to the intersection of the 52°39′25″ parallel of north latitude with the 131°42′36″ meridian of west longitude, said straight line passing to the west of Lyell and Shuttle Islands;

thence southeasterly in a straight line to the intersection of the 52°34′00″ parallel of north latitude with the 131°35′45″ meridian of west longitude, said intersection lying easterly of Darwin Pt., Moresby Island;

thence easterly in a straight line to a point on the 52°34′00″ parallel of north latitude lying due south of Sedgwick Pt., being a point on the O.H.W.M. of Lyell Island and at approximate latitude 52°35′50″ and approximate longitude 131°32′15″;

thence due north to the O.H.W.M. of Sedgwick Bay, on the most northerly shore thereof at approximate latitude 52°38′00″ and approximate longitude 131°32′15″;

thence generally northwesterly along said O.H.W.M. of Sedgwick Bay to a point thereon lying due south of Powrivco Point being a point on the O.H.W.M. of Atli Inlet, said point on the O.H.W.M. of Sedgwick Bay at approximate latitude 52°39′10″ and approximate longitude 131°35′20″;

thence in a straight line on a bearing of 345° to a point on the northerly O.H.W.M. of Dog Island at approximate latitude 52°44′15″ and approximate longitude 131°37′45″;

thence northwesterly in a straight line to Tanu Pt., being a point on the O.H.W.M. of Tanu Island at approximate latitude 52°44′46″ and approximate longitude 131°42′35″;

thence southwesterly in a straight line to the point of commencement.

AREA #4

Commencing at the intersection of the 52°04′25″ parallel of north latitude with the 131°02′24″ meridian of west longitude;

thence northerly along said 131°02′24″ meridian of west longitude to the O.H.W.M. of Heater Harbour on the southerly shore thereof;

thence generally northwesterly along said O.H.W.M. of Heater Harbour to the intersection of said O.H.W.M. with the 52°07′26″ parallel of north latitude;

thence westerly in a straight line to the intersection of the 52°07′26″ parallel of north latitude with the 131°08′10″ meridian of west longitude;

thence southwesterly in a straight line to the intersection of the 52°06′00″ parallel of north latitude with the 131°08′15″ meridian of west longitude;

thence southeasterly in a straight line to the intersection of the 52°04′20″ parallel of north latitude with a point on the O.H.W.M. of Kunghit Island at approximate longitude 131°06′50″;

thence easterly in a straight line to the point of commencement.

AREA #5

Commencing at the southeast corner of Lot 663;

thence westerly along the southerly boundary of said Lot 663 to the intersection with the southerly boundary of the watershed of Crescent Inlet, said intersection marked by a Pipe Post, being a point on the northerly boundary of the South Moresby National Park Reserve as shown on Plan 9 Tube 1483 on file with the Surveyor General Branch of the Ministry of Environment, Lands and Parks, at Victoria, a duplicate of which is recorded as Plan 72869 in the Canada Lands Surveys Records at Ottawa;

thence generally southwesterly along the southerly boundary of the watershed of said Crescent Inlet, being also a portion of the southerly boundary of Tree Farm Licence 24 Block 2, to the intersection with the easterly boundary of the Lockeport Four Mineral Claim, Record Number 5828(2), said intersection marked by a Pipe Post, being a point on the northerly boundary of the South Moresby National Park Reserve as shown on Plan 27 Tube 1452 on file with the Surveyor General Branch of the Ministry of Environment, Lands and Parks, at Victoria, a duplicate of which is recorded as Plan 72242 in the Canada Lands Surveys Records at Ottawa;

thence southerly and westerly along the easterly and southerly boundaries of the said mineral claim to the intersection with the southerly boundary of the watershed of Crescent Inlet, said intersection marked by a P. Rock being a point on said northerly boundary of the South Moresby National Park Reserve as shown on said Plan 27 Tube 1452;

thence generally westerly along the southerly boundary of the watershed of Crescent Inlet to the intersection with the westerly boundary of the watershed of Darwin Sound;

thence generally southerly along said westerly boundary of the watershed of Darwin Sound to a point lying due west of the southwest corner of Lot 647;

thence due east to a point on a line drawn between the intersection of the 52°39′25″ parallel of north latitude with the 131°42′36″ meridian of west longitude and the intersection of the 52°34′00″ parallel of north latitude with the 131°35′45″ meridian of west longitude;

thence northwesterly along said line drawn between the intersection of the 52°39′25″ parallel of north latitude with the 131°42′36″ meridian of west longitude and the intersection of the 52°34′00″ parallel of north latitude with the 131°35′45″ meridian of west longitude to said intersection of the 52°39′25″ parallel of north latitude with the 131°42′36″ meridian of west longitude;

thence northwesterly in a straight line to a point on the O.H.W.M. of Richardson Island, on the westerly shore thereof, lying due east of the southeast corner of Lot 663, said point being at approximate latitude 52°43′35″ and approximate longitude 131°45′15″;

thence due west to said southeast corner of Lot 663, being the point of commencement.

Explanatory Note: All topographic features herein referred to being according to the Gazetteer of Canada (British Columbia) Third Edition, Ottawa 1985; to National Topographic Series (N.T.S.) Map, (103 B-C Moresby Island, Edition 2) produced at a scale of 1:250 000 by the Army Survey Establishment at Ottawa; to N.T.S. Maps (102-0/14 and 102-0/15 Cape St. James), (103B/2W Lyman Point), (103B/3 Kunghit Island), (103B/5 Gowgaia Bay), (103B/6 Burnaby Island), (103B/11 Ramsay Island), (103B/12 Darwin Sound), (103B/13 and 103B/14 Louise Island) and (103C/9 Tasu Head) produced at a scale of 1:50 000 by the Department of Energy, Mines and Resources at Ottawa and to Canadian Hydrographic Service (C.H.S.) Chart 3853 produced at a scale of 1:150 000 by the Department of Fisheries and Oceans, Ottawa.

Supplementary Explanatory Note: The plan entitled “SOUTH MORESBY NATIONAL PARK RESERVE Park Land”, a copy of which is annexed as Part II of this Schedule, generally illustrates the lands described in Part I of this Schedule.

Alistair M. MacLeod

for Michael O’Sullivan

Surveyor General and Director

Legal Surveys Division

December 2, 1994

Map of the boundaries of South Moresby National Park Reserve (now known as Gwaii Haanas National Park Reserve of Canada)

(Province of British Columbia OIC No. 1432)

Commencing at a point on the O.H.W.M. of Richardson Island, on the westerly shore thereof, lying due east of the southeast corner of Lot 663, said point being at approximate latitude 52°43′35″ and approximate longitude 131°45′15″;

thence southeasterly in a straight line to the intersection of the 52°39′25″ parallel of north latitude with the 131°42′36″ meridian of west longitude, said straight line passing to the west of Lyell and Shuttle Islands;

thence southeasterly in a straight line to the intersection of the 52°34′00″ parallel of north latitude with the 131°35′45″ meridian of west longitude, said intersection lying easterly of Darwin Pt., Moresby Island;

thence easterly in a straight line to a point on the 52°34′00″ parallel of north latitude lying due south of Sedgwick Pt., being a point on the O.H.W.M. of Lyell Island and at approximate latitude 52°35′50″ and approximate longitude 131°32′15″;

thence due north to the O.H.W.M. of Sedgwick Bay, on the most northerly shore thereof at approximate latitude 52°38′00″ and approximate longitude 131°32′15″;

thence generally northwesterly along said O.H.W.M. of Sedgwick Bay to a point thereon lying due south of Powrivco Point being a point on the O.H.W.M. of Atli Inlet, said point on the O.H.W.M. of Sedgwick Bay at approximate latitude 52°39′10″ and approximate longitude 131°35′20″;

thence in a straight line on a bearing of 345° to a point on the northerly O.H.W.M. of Dog Island at approximate latitude 52°44′15″ and approximate longitude 131°37′45″;

thence northwesterly in a straight line to Tanu Pt., being a point on the O.H.W.M. of Tanu Island at approximate latitude 52°44′46″ and approximate longitude 131°42′35″;

thence southwesterly in a straight line to the point of commencement.

Alistair M. MacLeod

for Michael O’Sullivan

Surveyor General and Director

Legal Surveys Division

December 2, 1994

(Province of British Columbia OIC No. 439)

Annex “A”

In the Province of British Columbia;

In the Queen Charlotte Land District;

In the Queen Charlotte Islands;

All those parcels or tracts of land, together with all that foreshore or land covered by water lying above the ordinary high water mark; (O.H.W.M.) of the Queen Charlotte Islands and more particularly described as follows:

FIRSTLY:

Commencing at the southeast corner of Lot 663;

thence due east to the ordinary high water mark of Darwin Sound;

thence in a general northeasterly direction along the ordinary high water mark of Darwin Sound and continuing in a general northwesterly direction along the ordinary high water mark of Crescent Inlet to a point on a straight line drawn between the northeast corner of Lot 663 and the peak at the intersection of the northerly boundary of the watershed of Crescent Inlet with the watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet (said peak being at approximate latitude 52°46′37″ and approximate longitude 131°49′09″);

thence southwesterly in a straight line to the northeast corner of Lot 663;

thence southerly along the easterly boundary of said Lot 663 to the southeast corner thereof, being the point of commencement.

SECONDLY:

Commencing at a point on the ordinary high water mark of Crescent Inlet, being a point on a straight line drawn between the peak at the intersection of the northerly boundary of the watershed of Crescent Inlet with the watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet (said peak being at approximate latitude 52°46′37″ and approximate longitude 131°49′09″) and the northeast corner of Lot 663;

thence in general southeasterly, northeasterly and northerly directions along the ordinary high water marks of Crescent Inlet, Logan Inlet and Hecate Straight to the most northeasterly point of Tangil Peninsula at Porter Head at approximate latitude 52°48′35″ and approximate longitude 131°39′20″;

thence southwesterly in a straight line to the most easterly peak on the Tangil Peninsula at approximate latitude 52°48′10″ and approximate longitude 131°39′39″;

thence westerly along the watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet to the peak at the intersection of the northerly boundary of the watershed of Crescent Inlet with the said watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet (said peak being at approximate latitude 52°46′37″ and approximate longitude 131°49′09″);

thence southwesterly in a straight line to the point of commencement, except that portion of Special Timber Licence 1209 P (being TO924) lying within the described boundaries.

THIRDLY:

That portion of Richardson Island lying to the north and west of a straight line drawn between Tanu Pt., being a point on the ordinary high water mark of Tanu Island (at approximate latitude 52°44′46″ and approximate longitude 131°42′35″) and a point on the ordinary high water mark of Richardson Island, on the westerly shore thereof, lying due east of the southeast corner of Lot 663, said point being at approximate latitude 52°43′35″ and approximate longitude 131°45′15″, except Lot 660 (being Timber Licence TO931);

those portions of Lyell Island lying to the east of a straight line drawn on a bearing of 345° between a point on the ordinary high water mark of Sedgwick Bay (at approximate latitude 52°39′10″ and approximate longitude 131°35′20″) lying due south of Powrivco Point, being a point on the ordinary high water mark of Atli Inlet, and a point on the northerly ordinary high water mark of Dog Island at approximate latitude 52°44′15″ and approximate longitude 131°37′45″, except Lot 1940 (being Timber Licence TO950);

Tanu Island, except Lot 640 (being Timber Licence TO938) and the whole of Tanoo Indian Reserve No. 9 (Tanu) according to Plan B.C. 42 recorded in the Canada Lands Surveys Records at Ottawa;

Kunga Island; Faraday Island; Murchison Island; and Ramsay Island.

FOURTHLY:

Huxley Island, Alder Island and Bolkus Islands, together with that portion of Burnaby Island lying to the north and west of a straight line drawn between the most southerly point of Francis Bay, being a point on the ordinary high water mark of Burnaby Island (at approximate latitude 52°21′51″ and approximate longitude 131°17′00″), and the most northerly point of Swan Bay, being a point on the ordinary high water mark of Burnaby Island (at approximate latitude 52°21′00″ and longitude 131°18′10″).

FIFTHLY:

That portion of Moresby Island lying to the east of the westerly boundaries of the watersheds of Louscoone Inlet, Skincuttle Inlet and Burnaby Strait, and to the south of the northerly boundary of the watershed of Bag Harbour, except that portion within the following described boundaries:

Commencing at the northwest corner of Lot 105, being a point on the ordinary high water mark of Moresby Island;

thence in general easterly, southwesterly, northeasterly, southerly, southwesterly and northeasterly directions along the ordinary high water mark of Moresby Island to the most easterly point of Marion Rock, being a point on said ordinary high water mark at approximate latitude 52°17′25″ and approximate longitude 131°06′30″;

thence due south to a point lying due east of the southeast corner of Lot 2748;

thence due west to a point lying due south of the southeast corner of Lot 2610;

thence northwesterly in a straight line to the most southerly corner of Lot 2604;

thence northwesterly along the southwesterly boundary of said Lot 2604 to the most westerly corner thereof;

thence northerly in a straight line to the northwest corner of Lot 2607;

thence northeasterly in a straight line to the most westerly corner of Lot 79;

thence northeasterly in a straight line to most westerly corner of Lot 88;

thence northeasterly along the northwesterly boundary of said Lot 88 to the most northerly corner thereof, and continuing northeasterly in a straight line to the northwest corner of Lot 2597;

thence northeasterly along the northerly boundary of said Lot 2597 to the ordinary high water mark of Moresby Island;

thence generally northerly, northwesterly and northeasterly along the ordinary high water mark of Moresby Island to the point of commencement.

Explanatory Note: All topographic features herein referred to being according to the Gazetteer of Canada (British Columbia) Third Edition, Ottawa 1985; to National Topographic Series (N.T.S.) Map, (103 B-C Moresby Island, Edition 2) produced at a scale of 1:250 000 by the Army Survey Establishment at Ottawa; to N.T.S. Maps (102-0/14 and 102-0/15 Cape St. James), (103B/2W Lyman Point), (103B/3 Kunghit Island), (103B/5 Gowgaia Bay), (103B/6 Burnaby Island), (103B/11 Ramsay Island), (103B/12 Darwin Sound), (103B/13 and 103B/14 Louise Island) and (103C/9 Tasu Head) produced at a scale of 1:50 000 by the Department of Energy, Mines and Resources at Ottawa and to Canadian Hydrographic Service (C.H.S.) Chart 3853 produced at a scale of 1:150 000 by the Department of Fisheries and Oceans, Ottawa.

Alistair M. MacLeod

for Michael O’Sullivan

Surveyor General and Director

Legal Surveys Division

December 2, 1994


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