Vol. 148, No. 8 — April 9, 2014

Registration

SI/2014-35 April 9, 2014

TERRITORIAL LANDS ACT

Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave and North Slave Regions) Order

P.C. 2014-311 March 27, 2014

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 (see footnote a), makes the annexed Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave and North Slave Regions) Order.

WITHDRAWAL FROM DISPOSAL OF CERTAIN TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES (SOUTH SLAVE AND NORTH SLAVE REGIONS) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands in order to facilitate the resolution of Aboriginal land and resource agreements.

LANDS WITHDRAWN FROM DISPOSAL

2. The tracts of territorial lands set out in Schedule 1, including the surface and subsurface rights to the lands, and the tracts of territorial lands set out in Schedule 2, including the subsurface rights to the lands, are withdrawn from disposal for a period of two years beginning on the day on which this Order is made.

EXCEPTIONS

DISPOSITION

3. Section 2 does not apply to the disposition of


EXISTING RIGHTS AND INTERESTS

4. For greater certainty, section 2 does not apply to

REPEAL

5. The Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions) Order (see footnote 1) is repealed.

SCHEDULE 1
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL

(SOUTH SLAVE AND NORTH SLAVE REGIONS)

SURFACE AND SUBSURFACE RIGHTS TO THE LANDS

In the Northwest Territories, all those parcels of land that are shown as Surface–Subsurface Lands on the following 1:250 000 reference maps and that have been approved by the Akaitcho Dene First Nations Land Negotiator, Don Balsillie, and by the Government of Canada Acting Chief Lands Negotiator, Janet Pound, and that are on file at the Land Negotiation Office, Aboriginal Affairs and Northern Development Canada, at Yellowknife in the Northwest Territories, and copies of which have been deposited with the Regional Manager, Land Administration, Aboriginal Affairs and Northern Development Canada, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

75 D

75 F

75 H

75 I

75 J

75 K

75 L

75 M

75 N

75 O

75 P

76 A

76 B

76 C

76 D

85 A

85 G

85 H and

85 O

  

In the Northwest Territories, all those parcels of land that are shown as Surface–Subsurface Lands on the following 1:250 000 reference maps and that are on file at the Land Negotiation Office, Aboriginal Affairs and Northern Development Canada, at Yellowknife in the Northwest Territories, and copies of which have been deposited with the Regional Manager, Land Administration, Aboriginal Affairs and Northern Development Canada, at Yellowknife in the Northwest Territories:

TERRITORIAL RESOURCE BASE MAPS

85 B

85 I

85 J and

85 P

SCHEDULE 2
(Section 2)

TRACTS OF TERRITORIAL LANDS WITHDRAWN FROM DISPOSAL

(SOUTH SLAVE AND NORTH SLAVE REGIONS)

SUBSURFACE RIGHTS TO THE LANDS

In the Northwest Territories, the subsurface of land mirroring the parcels of land that are identified in the Commissioner’s Order R-087-2006, dated November 1, 2006, and the map accompanying the Order, dated October 31, 2006. That Order was amended by the Commissioner’s Orders R-072-2011, R-072-2012 and R-075-2013.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To repeal the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions), made by Order in Council P.C. 2012-410 of April 5, 2012, and to make a new Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave and North Slave Regions) Order, pursuant to paragraph 23(a) of the Territorial Lands Act.

Objective

The purpose of this Order in Council is to withdraw from disposal the surface and subsurface rights of certain lands (approximately 62 000 km2), for a period of two years in order to facilitate the resolution of Aboriginal land and resources agreements.

Background

The Akaitcho Process is a tripartite negotiation between the Akaitcho Dene First Nations, Canada and the Government of the Northwest Territories (N.W.T.). The Akaitcho, located in the southeastern region of the N.W.T., is comprised of four Akaitcho First Nations from three different communities. The objective of this process is aimed at resolving outstanding land, resource and governance issues in the expanded South Slave Region.

The Government of Canada, the Government of the Northwest Territories and the Akaitcho Dene First Nations began the Akaitcho Process negotiations in 1999 to address land, resources and governance issues. These discussions led to the signing of the Akaitcho Framework Agreement on July 25, 2000, and the Akaitcho Interim Measures Agreement on June 28, 2001.

A framework agreement related to the Akaitcho’s involvement in the proposed East Arm National Park Study Area was signed with Parks Canada in the spring of 2010.

Negotiations involve a number of challenges, including the fact that the Akaitcho’s asserted territory has the greatest number of existing surface and subsurface interests. In an effort to deal with these pressures, an interim land withdrawal protocol was signed November 21, 2005. As committed to in this protocol and following negotiations and consultations, the initial interim land withdrawal came into effect on November 1, 2007. An interim withdrawal for the proposed park was also done at the same time.

Due to significant overlaps in the expanded South Slave region it is likely that 30% of the Northwest Territory Métis Nation proposed interim land withdrawal (approximately 39 000 km2) will overlap with the Akaitcho’s existing interim land withdrawal (approximately 62 000 km2). As a result of the overlap in interim land withdrawals for these two processes, approximately 88 000 km2 will be withdrawn from the expanded South Slave region. A less sizable overlap exists between the Akaitcho and the Athabasca Denesuline in the most easterly portion of the expanded South Slave region.

A mineral assessment report has not been prepared for this proposed withdrawal. Instead, reports generated from the Northwest Territories Land Information Management System Miners Data Base have been created.

The enclosed submission recommends that the Governor General in Council, pursuant to paragraph 23(a) of the Territorial Lands Act, repeals the existing Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions) Order, made by Order in Council, P.C. 2012-410 of April 5, 2012, and makes the Withdrawal from Disposal of Certain Tracts of Territorial Lands in the Northwest Territories (South Slave / North Slave Regions) Order as described in the schedules, for a period of two years beginning on the day on which this Order is made.

Implications

The Government of the Northwest Territories has been a party to the discussions at the negotiation table where the Akaitcho requested the interim land withdrawals be extended. Both the Government of Canada and the Government of the Northwest Territories responded by seeking approval of their respective land withdrawals for a period of two years beginning on the day on which this Order is made. As of April 1, 2014, the Government of the Northwest Territories will be responsible for land and resources in the Northwest Territories as a result of devolution and will issue a Commissioner’s Order on that date mirroring this Order in Council.

The Government of the Northwest Territories was informed of this request going forward and they were provided with the opportunity to raise any further concerns. No concerns were expressed.

While Order in Council P.C. 2012-410 is due to expire on March 31, 2014, Canada has to make certain that there is a current Order in Council in place on the effective date of devolution. This will ensure that the interim land withdrawal will be mirrored on April 1, 2014.

In November of 2006, the Government of the Northwest Territories and the Akaitcho Dene First Nations reached an agreement on an interim land withdrawal within the City of Yellowknife under Commissioner’s Order R-087-2006. This interim land withdrawal was amended to extend the term (amendments R-072-2011, R-072-2012 and R-075-2013).

This submission has no direct or indirect financial implications for which Treasury Board approval is required, and no grants or contributions are associated with this submission. Routing procedures, as outlined in the directives on submissions, have been followed.

The N.W.T. Federal Caucus has had an opportunity to identify any concerns related to a further term for the Akaitcho interim land withdrawal. As a result of the review, the need to realign the corridor for the winter road to the diamond mines was raised and was subsequently addressed by way of amending the withdrawal maps.

The Akaitcho Dene were advised of the required amendment on October 3, 2013, and were further informed by way of an illustrative map at a main table session in Yellowknife on October 3, 2013. On October 7, 2013, the Akaitcho Dene notified Government that they had no concerns with the proposed modifications.

The Akaitcho Dene Chief Negotiator was informed that Canada was seeking instructions to move forward with an interim land withdrawal request for a period of two years, as requested by the negotiation table. Canada has informed all Aboriginal groups negotiating within the Northwest Territories that the purpose of any Orders in Council for interim land withdrawal is to facilitate the settlement of Aboriginal land and resource agreements.

Departmental contact

Mr. Glen Stephens
Director
Land and Water Management
Aboriginal Affairs and Northern Development Canada
Gatineau, Quebec
Telephone: 819-994-7483
Email: Glen.Stephens@aadnc-aandc.gc.ca