Vol. 148, No. 8 — April 9, 2014

Registration

SI/2014-38 April 9, 2014

TERRITORIAL LANDS ACT

Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order

P.C. 2014-317 March 27, 2014

Whereas new prospecting permits have been granted under the Northwest Territories and Nunavut Mining Regulations (see footnote a);

Whereas new interests have been issued under the Canada Petroleum Resources Act (see footnote b);

And whereas existing rights and interests in the Reindeer Grazing Reserve have been continued and are being administered;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraphs 23(a) and (e) (see footnote c) of the Territorial Lands Act (see footnote d), makes the annexed Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order.

WITHDRAWAL FROM DISPOSAL, SETTING APART AND APPROPRIATION OF CERTAIN TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES (REINDEER GRAZING RESERVE) ORDER

PURPOSE

1. The purpose of this Order is to withdraw from disposal certain tracts of territorial lands for reindeer grazing purposes and to set apart and appropriate those tracts for use as a reindeer grazing reserve in the Northwest Territories.

LANDS WITHDRAWN FROM DISPOSAL, SET APART AND APPROPRIATED

2. The tracts of territorial lands set out in the schedule are withdrawn from disposal for reindeer grazing purposes and are set apart and appropriated for use as a reindeer grazing reserve in the Northwest Territories.

EXCEPTIONS

DISPOSAL OF SUBSTANCES OR MATERIALS

3. Section 2 does not apply to the disposal of substances or materials under the Territorial Quarrying Regulations.

NEW AND EXISTING RIGHTS AND INTERESTS

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

REPEAL

5. The Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order (see footnote 1) is repealed.

SCHEDULE
(Section 2)

TRACTS OF TERRITORIAL LANDS IN THE NORTHWEST TERRITORIES DESIGNATED AS A REINDEER GRAZING RESERVE

If topographic descriptions conflict with geographic coordinates, the topographic descriptions prevail. If maps filed with the Canada Land Survey Records as No. 95337, conflict with the geographic coordinates or topographic descriptions, the geographic coordinates or topographic descriptions prevail. Unless stated otherwise, all coordinates are in reference to North American Datum 1983 (NAD 83).

Any references to straight lines mean two points joined directly on a NAD 83 Universal Transverse Mercator projected plane surface.

For greater certainty and notwithstanding any topographic descriptions or geographic coordinates to the contrary, the northern coastal boundary of each Reserve, where applicable, shall follow a line marking the ordinary high-water mark of the northern coast of the mainland of the Northwest Territories.

FIRST REINDEER GRAZING RESERVE

In the Northwest Territories;

1. Commencing at a point on the northwest boundary of Inuvik 7(1)(b) Land as described in Annex G-2 of the Inuvialuit Final Agreement, being the intersection of the easterly bank of Reindeer Channel with the intersection of the southeasterly bank of an unnamed stream at approximate latitude 68°53′40″ N and longitude 135°10′00″ W;

2. Thence, northwesterly along the ordinary high-water mark of Reindeer Channel to the intersection of longitude 135°25′00″ W at approximate latitude 68°55′00″ N;

3. Thence, southwesterly in a straight line to the intersection of latitude 68°54′00″ N with longitude 135°31′00″ W;

4. Thence, southwesterly in a straight line to the intersection of latitude 68°52′00″ N with longitude 135°45′00″ W;

5. Thence, northwesterly in a straight line to the intersection of latitude 68°56′00″ N with longitude 136°06′00″ W;

6. Thence, northwesterly in a straight line to the intersection of latitude 69°08′00″ N with longitude 136°17′00″ W;

7. Thence, northerly in a straight line to the intersection of latitude 69°12′00″ N with longitude 136°15′00″ W;

8. Thence, northeasterly in a straight line to the intersection of latitude 69°14′00″ N with longitude 135°58′00″ W;

9. Thence, northeasterly in a straight line to the intersection of latitude 69°18′00″ N with longitude 135°52′00″ W;

10. Thence, northerly in a straight line to the intersection of latitude 69°30′00″ N with longitude 135°50′00″ W;

11. Thence, northeasterly in a straight line to the intersection of latitude 69°38′00″ N with longitude 135°32′00″ W;

12. Thence, northeasterly in a straight line to the intersection of latitude 69°43′00″ N with longitude 135°00′00″ W;

13. Thence, northeasterly in a straight line to the intersection of latitude 69°47′00″ N with longitude 134°26′00″ W;

14. Thence, due east in a straight line to the intersection of longitude 134°14′00″ W;

15. Thence, southeasterly in a straight line to the intersection of latitude 69°38′00″ N with longitude 133°54′00″ W;

16. Thence, southeasterly in a straight line to the intersection of latitude 69°33′00″ N with longitude 133°32′00″ W;

17. Thence, southerly in a straight line to the intersection of latitude 69°29′00″ N with longitude 133°30′00″ W;

18. Thence, southwesterly in a straight line to the intersection of latitude 69°21′00″ N with longitude 133°56′00″ W;

19. Thence, southerly in a straight line to a point on the northwest boundary of Inuvik 7(1)(b) Land as described in Annex G-2 of the Inuvialuit Final Agreement, being at the intersection of latitude 69°19′00″ N with the southerly bank of the Mackenzie River at approximate longitude 133°54′ W;

20. Thence, southwesterly along the boundary of Inuvik 7(1)(b) Land and Inuvik 7(1)(a) Land as described in Annexes G-2 and G-1 of the Inuvialuit Final Agreement to the point of commencement.

SECOND REINDEER GRAZING RESERVE

In the Northwest Territories;

1. Commencing at a point on the east boundary of Tuktoyaktuk 7(1)(b) Land as described in Annex H-6 of the Inuvialuit Final Agreement, being the intersection of longitude 131°42′30″ W with the shoreline of the Beaufort Sea at approximate latitude 69°50′20″ N;

2. Thence, easterly along the ordinary high-water mark of the Beaufort Sea to its intersection with longitude 131°40′00″ W at approximate latitude 69°51′00″ N;

3. Thence, due north in a straight line to the intersection of latitude 69°54′00″ N;

4. Thence, northeasterly in a straight line to the intersection of latitude 69°58′00″ N with longitude 131°26′00″ W;

5. Thence, northeasterly in a straight line to the intersection of latitude 69°59′00″ N with longitude 131°18′00″ W;

6. Thence, southeasterly in a straight line to the intersection of latitude 69°54′00″ N with longitude 131°08′00″ W;

7. Thence, northeasterly in a straight line to the intersection of latitude 70°06′00″ N with longitude 131°00′00″ W;

8. Thence, northeasterly in a straight line to the intersection of latitude 70°10′00″ N with longitude 130°50′00″ W;

9. Thence, northeasterly in a straight line to the intersection of latitude 70°12′00″ N with longitude 130°34′00″ W;

10. Thence, southeasterly in a straight line to the intersection of latitude 70°07′00″ N with longitude 129°58′00″ W;

11. Thence, northerly in a straight line to the intersection of latitude 70°17′00″ N with longitude 129°50′00″ W;

12. Thence, due east in a straight line to the intersection of longitude 129°38′00″ W;

13. Thence, southeasterly in a straight line to the intersection of latitude 70°10′00″ N with longitude 129°32′00″ W;

14. Thence, southeasterly in a straight line to the intersection of latitude 70°08′00″ N with longitude 129°24′00″ W;

15. Thence, southeasterly in a straight line to the intersection of latitude 70°06′00″ N with longitude 129°22′00″ W;

16. Thence, westerly in a straight line to a point on the east boundary of Tuktoyaktuk 7(1)(b) Land as described in Annex H-6 of the Inuvialuit Final Agreement, being the intersection of latitude 70°05′20″ N with the shoreline of Liverpool Bay at approximate longitude 129°27′30″ W;

17. Thence, along said Tuktoyaktuk 7(1)(b) Land, westerly along latitude 70°05′20″ N to its intersection with longitude 129°42′00″ W;

18. Thence, along said Tuktoyaktuk 7(1)(b) Land, southerly along longitude 129°42′00″ W to its intersection with latitude 70°00′00″ N;

19. Thence, along said Tuktoyaktuk 7(1)(b) Land, southwesterly to the intersection of latitude 69°50′00″ N with longitude 130°25′00″ W;

20. Thence, along said Tuktoyaktuk 7(1)(b) Land, southwesterly to the intersection of latitude 69°45′00″ N with longitude 130°35′40″ W;

21. Thence, along said Tuktoyaktuk 7(1)(b) Land, southwesterly to the intersection of latitude 69°34′00″ N with longitude 131°42′30″ W;

22. Thence, along said Tuktoyaktuk 7(1)(b) Land, northerly to the point of commencement.

THIRD REINDEER GRAZING RESERVE

In the Northwest Territories;

1. Commencing at a point on the south boundary of Tuktoyaktuk 7(1)(b) Land as described in Annex H-6 of the Inuvialuit Final Agreement, being the intersection of latitude 68°15′00″ N with the ordinary high-water mark of the west bank of the Carnwath River, at approximate longitude 129°26′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

2. Thence, southerly along the said bank to the intersection of the ordinary high-water mark of the east bank of the Iroquois River at approximate latitude 68°05′00″ N and approximate longitude 129°26′00″ W;

3. Thence, northerly along the said bank of the Iroquois River to its intersection with longitude 129°28′00″ W at approximate latitude 68°07′00″ N;

4. Thence, northwesterly in a straight line to the intersection of latitude 68°16′00″ N with longitude 129°48′00″ W;

5. Thence, northwesterly in a straight line to the intersection of latitude 68°20′00″ N with longitude 130°20′00″ W;

6. Thence, due west in a straight line to the intersection of longitude 130°46′00″ W;

7. Thence, due south in a straight line to the intersection of latitude 68°14′00″ N;

8. Thence, westerly in a straight line to the most southerly point on the ordinary high-water mark of the east bank of Hyndman Lake at approximate latitude 68°14′00″ N and approximate longitude 131°02′00″ W;

9. Thence, northerly and westerly along the said bank of Hyndman Lake to the most westerly point of Hyndman Lake at approximate latitude 68°13′00″ N and approximate longitude 131°18′00″ W;

10. Thence, southwesterly in a straight line to the intersection of the east boundary of Parcel C, as described in Schedule II of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, with latitude 68°05′00″ N;

11. Thence, northerly and westerly along said Parcel C to its intersection with Parcel 17, as described in Schedule I of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, at latitude 68°09′00″ N and longitude 132°21′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

12. Thence, westerly along the north boundary of said Parcel 17 to the northwest corner of said Parcel 17, at the intersection of the southeast bank of an unnamed lake with latitude 68°09′00″ N, at approximate longitude 132°24′10″ W, being a point in reference to North American Datum 1927 (NAD 27);

13. Thence, southwesterly along said Parcel 17 to the west corner of said Parcel 17, at the intersection of the northeast bank of Caribou Lake with the east bank of an unnamed stream, at approximate latitude 68°00′42″ N and approximate longitude 132°52′35″ W, being a point in reference to North American Datum 1927 (NAD 27);

14. Thence, northerly and westerly along the said bank of Caribou Lake to the most westerly point of Caribou Lake at approximate latitude 67°59′00″ N and approximate longitude 133°01′00″ W;

15. Thence, southwesterly in a straight line to the intersection of latitude 67°50′00″ N with longitude 133°40′00″ W;

16. Thence, due west in a straight line to the intersection of the ordinary high-water mark of the east bank of the East Channel of the Mackenzie River Delta at approximate longitude 134°01′00″ W;

17. Thence, northerly along the said bank of the said East Channel to its intersection with the southwest corner of Parcel 14, as described in Schedule I of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, at latitude 67°53′00″ N and approximate longitude 134°00′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

18. Thence, easterly, northeasterly, northerly and westerly along said Parcel 14 and Parcel J, as described in Schedule II of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, to the northwest corner of said Parcel 14 at the intersection of latitude 67°58′15″N with the ordinary high-water mark of the east bank of the East Channel of the Mackenzie River Delta at approximate longitude 134°01′42″ W, being a point in reference to North American Datum 1927 (NAD 27);

19. Thence, northerly along the said bank of the East Channel of the Mackenzie River Delta to the southwest corner of Parcel B, as described in Schedule II of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, at the intersection of the said bank of the East Channel with the north bank of the Campbell River, at approximate latitude 68°10′39″ N and approximate longitude 133°30′54″ W, being a point in reference to North American Datum 1927 (NAD 27);

20. Thence, easterly and northeasterly along said Parcel B to the southeast corner of said Gwich’in Parcel B, at the intersection of the west limit of the right-of-way of the Dempster Highway with the west bank of an unnamed stream, at approximate latitude 68°17′38″ N and approximate longitude 133°16′21″ W, being a point in reference to North American Datum 1927 (NAD 27);

21. Thence, due east in a straight line to the east limit of the right-of-way of the Dempster Highway, being also the western boundary of Parcel 3, as described in Schedule I of Appendix F to the Gwich’in Comprehensive Land Claim Agreement;

22. Thence, southeasterly, southwesterly, northeasterly and westerly along said Parcel 3 to the northwest corner of said Parcel 3 at the intersection of latitude 68°19′30″ N with the east boundary of the Inuvik Block Land Transfer (P.C. 1970-1447), at approximate longitude 133°23′07″ W, being a point in reference to North American Datum 1927 (NAD 27);

23. Thence, southerly along said Parcel 3 to its intersection with the Municipal Boundary of the Town of Inuvik;

24. Thence, northwesterly, along the said Municipal Boundary to its intersection with the south boundary of Parcel 1, as described in Schedule I of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, at latitude 68°22′40″ N and approximate longitude 133°41′15″ W, being a point in reference to North American Datum 1927 (NAD 27);

25. Thence, easterly and northerly along said Parcel 1 to its intersection with the south boundary of Inuvik 7(1)(b) Land, as described in Annex G-2 of the Inuvialuit Final Agreement, at latitude 68°25′00″ N and longitude 133°40′15″ W, being a point in reference to North American Datum 1927 (NAD 27);

26. Thence, easterly, northerly and westerly along said Inuvik 7(1)(b) Land to its intersection with the east boundary of Inuvik 7(1)(a) Land, as described in Annex G-1 of the Inuvialuit Final Agreement, at latitude 68°28′00″ N and longitude 133°45′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

27. Thence, northerly and westerly along said Inuvik 7(1)(a) Land to its intersection with the south boundary of Inuvik 7(1)(b) Land, as described in Annex G-2 of the Inuvialuit Final Agreement, at latitude 69°00′00″ N and longitude 134°15′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

28. Thence, easterly and northerly along said Inuvik 7(1)(b) Land to its intersection with the south boundary of Tuktoyaktuk 7(1)(a) Land, as described in Annex H-1 of the Inuvialuit Final Agreement, at latitude 69°10′00″ N and longitude 133°30′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

29. Thence, easterly along said Tuktoyaktuk 7(1)(a) Land to its intersection with the east boundary of Tuktoyaktuk 7(1)(b) Land, as described in Annex H-6 of the Inuvialuit Final Agreement, at latitude 69°10′00″ N and longitude 133°21′00″ W, being a point in reference to North American Datum 1927 (NAD 27);

30. Thence, in a general easterly and southerly direction along said Tuktoyaktuk 7(1)(b) Land to the point of commencement.

31. Excluding from the above Parcel 2, as described in Schedule I of Appendix F to the Gwich’in Comprehensive Land Claim Agreement, and specific sites 117A and 117B mentioned in Schedule IV of Appendix F to that Agreement.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To repeal the Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order, made by Order in Council P.C. 2010-219 of February 23, 2010, and to make the Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order, pursuant to paragraphs 23(a) and (e) of the Territorial Lands Act.

Objective

The purpose of this Order in Council is to withdraw from disposal certain tracts of territorial lands for reindeer grazing purposes and to set apart and appropriate those tracts (approximately 24 032 km2) for the use as a reindeer grazing reserve in the Northwest Territories.

Background

The Schedule in the 2010 Withdrawal Order setting out the boundaries of the Reindeer Grazing Reserve is inaccurate in describing the northern shoreline boundary in that it incorrectly includes some offshore water as part of the Reserve.

The creation of a Reindeer Grazing Reserve, unlike other withdrawal orders, was not intended to prohibit the continued development of natural resources in the Reserve. While section 4 of the 2010 Withdrawal Order provided for the continuation and administration of existing rights and interests, it did not provide for the granting of new prospecting permits or the issuance of new oil and gas interests in the Reserve.

The new withdrawal order amends section 4 to provide for the granting of new prospecting permits under the Northwest Territories and Nunavut Mining Regulations and the issuance of new interests under the Canada Petroleum Resources Act in the Reserve, in addition to modifying the provisions that provide for the continuation and administration of existing rights and interests.

The enclosed submission recommends that the Governor in Council, pursuant to paragraphs 23(a) and (e) of the Territorial Lands Act, repeals the Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order, made by Order in Council P.C. 2010-219 of February 23, 2010, and makes the Withdrawal from Disposal, Setting Apart and Appropriation of Certain Tracts of Territorial Lands in the Northwest Territories (Reindeer Grazing Reserve) Order, as described in the Schedule, for the period beginning on the day on which this Order is made.

Implications

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.

Consultation

This is an administrative process to correct an error in section 4 of the existing Order in Council, as well as to provide clarification regarding the boundaries described in the existing Order in Council.

The Government of the Northwest Territories has not expressed any concerns with the purpose of this submission.

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