;

Bill C-38

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C-38

Second Session, Fortieth Parliament,

57-58 Elizabeth II, 2009

HOUSE OF COMMONS OF CANADA

BILL C-38

An Act to amend the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada

first reading, June 9, 2009

MINISTER OF THE ENVIRONMENT

90510

SUMMARY

This enactment amends the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada while accommodating certain third party interests in the expansion area.

Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-38

An Act to amend the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada

Preamble

Whereas the expansion of Nahanni National Park Reserve of Canada is an opportunity to conserve a wilderness area of Canadian and international significance;

Whereas the expansion of the Park Reserve will protect the waters flowing into the South Nahanni River, the ecology and wildlife resources of the area and its globally significant karst landscape;

Whereas the Park Reserve was among the first World Heritage Sites designated under the UNESCO World Heritage Convention and its expansion will contribute to the Convention’s objective of preserving outstanding examples of the world’s common heritage;

And whereas the Dehcho First Nations, having a treaty relationship with Canada, have worked collaboratively with the Parks Canada Agency to protect the greater Nahanni ecosystem, and support the expansion of the Park Reserve;

Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as An Act Creating One of the World’s Largest National Park Reserves.

2000, c. 32

CANADA NATIONAL PARKS ACT

2. Subsection 15(2) of the Canada National Parks Act is replaced by the following:

Use of lands

(2) Public lands in a park in which a right or interest is held for any purpose under this Act remain part of the park and, if those lands cease to be used for that purpose, the right or interest reverts to the Crown.

3. Section 24 of the Act is amended by adding the following after subsection (3):

Contravention of land use permit or water licence in Nahanni

(4) Every person who contravenes

(a) a condition of a land use permit or water licence issued under subsection 41.1(3) or (4), is guilty of an offence and liable on summary conviction

(i) in the case of a land use permit or type B water licence, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both, or

(ii) in the case of a type A water licence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both;

(b) an order or direction given by a superintendent, park warden or enforcement officer under subsection 41.1(3) or (4), is guilty of an offence and liable on summary conviction

(i) in the case of an order in relation to a land use permit, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both, or

(ii) in the case of a direction in relation to a water licence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

4. Subsection 25(1) of the Act is replaced by the following:

Trafficking in wildlife, etc.

25. (1) Except as permitted by this Act or the regulations, no person shall traffic in any wild mammal, amphibian, reptile, bird, fish or invertebrate, any part or an egg or embryo thereof, any plant or part of a plant, or any other naturally occurring object or product of natural phenomena, taken in or from a park.

5. (1) Subsection 26(1) of the Act is replaced by the following:

Poaching and trafficking

26. (1) Except as permitted by this Act or the regulations, no person shall hunt, traffic in or possess, in a park, any wildlife of a species named in Part 1 of Schedule 3, or traffic in or possess such wildlife taken from a park.

(2) Subsection 26(3) of the Act is replaced by the following:

Poaching and trafficking

(3) Except as permitted by this Act or the regulations, no person shall hunt, traffic in or possess, in a park, any wildlife of a species named in Part 2 of Schedule 3, or traffic in or possess such wildlife taken from a park.

6. Section 39 of the Act is replaced by the following:

Application of Act to reserves

39. Subject to sections 40 to 41.1, this Act applies to a park reserve as if it were a park.

7. (1) The Act is amended by adding the following after section 41:

Definition of “expansion area”

41.1 (1) In this section, “expansion area” means the lands described in Parts II and III of the description of Nahanni National Park Reserve of Canada in Schedule 2.

Powers of Minister re expansion area

(2) The Minister may enter into leases or licences of occupation of, and easements over, public lands situated in the expansion area for the purposes of

(a) a mining access road leading to the Prairie Creek Area, as that Area is described in Part II of the description of Nahanni National Park Reserve of Canada in Schedule 2, including the sites of storage and other facilities connected with that road; or

(b) a mining access road following the existing route from Tungsten to Howard’s Pass and any alteration to or deviation from that route, including the sites of storage and other facilities connected with that road.

Land use permits

(3) The Minister may issue, amend, renew, suspend, cancel, and approve the assignment of, permits and authorizations for the use of lands in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such permits and authorizations, subsection 31(3) and sections 59, 62, 71 and 85 to 87 of the Mackenzie Valley Resource Management Act and the regulations made under that Act — other than any regulations respecting time limits and public hearings — apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.

Water licences

(4) The Minister may issue, amend, renew, suspend, cancel, and approve the assignment of, licences for the use of waters in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such licences, subsections 14(1), (4), (5) and (7) and sections 15, 16 to 19, 32 and 36, subsections 37(1), (3) and (4) and sections 38, 39, 43 and 44 of the Northwest Territories Waters Act and the regulations made under that Act apply, with any adaptations that may be necessary, as if the references in those provisions to the Minister or the Board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.

Outfitter licences

(5) Outfitter licences issued under the Wildlife Act, R.S.N.W.T. 1988, c. W-4 that are in effect on the coming into force of this section in respect of public lands located in the expansion area, continue in effect according to their terms and may be renewed for periods ending not later than 10 years after the day on which this section comes into force, but no new outfitter licences may be issued in respect of those lands.

Definition of “guide”

(6) In subsections (7) and (8), “guide” means a person who holds a guide licence issued in accordance with the Wildlife Act, R.S.N.W.T. 1988, c. W-4 and who is, or is employed by, the holder of an outfitter licence referred to in subsection (5).

Permitted hunting

(7) A guide or a person accompanied by a guide may hunt, within the meaning of section 26, and may possess, within the meaning of section 26, or transport any wild animal or any part of one in the expansion area, in accordance with the Wildlife Act, R.S.N.W.T. 1988, c. W-4 and the applicable outfitter licence.

Regulations

(8) The Governor in Council may make regulations respecting the activities of guides, persons accompanied by guides and holders of outfitter licences in the expansion area, including regulations

(a) respecting the hunting of wild animals, including with the use of firearms;

(b) authorizing the removal and disposal of any equipment or wild animals left by any person in contravention of the regulations or the Wildlife Act, R.S.N.W.T. 1988, c. W-4, and providing for the recovery of expenses incurred in their removal or disposal; and

(i) to close areas to hunting for the purposes of management of the Park Reserve, public safety or the conservation of natural resources,

(ii) to establish limits on the wild animals that may be harvested in any period, or to vary any such limits established by the regulations or under the Wildlife Act, R.S.N.W.T. 1988, c. W-4, for purposes of conservation,

(iii) to prohibit or restrict the use of equipment in the expansion area for the purpose of protecting natural resources, and

(iv) to suspend or revoke an outfitter licence or a guide licence, to the extent that it applies in the expansion area, for failure to comply with this Act or the regulations, the Wildlife Act, R.S.N.W.T. 1988, c. W-4 or the regulations under that Act, or the terms and conditions of the licence.

Creation of park

(9) For the purposes of subsections 5(1) and 6(2), leases, licences of occupation, easements, land use permits and authorizations and water licences relating to public lands in the expansion area are deemed not to encumber or affect title to those lands, but if those lands become part of a park they continue in effect according to their terms and conditions.

Creation of park

(10) After any public lands within the expansion area become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary.

Repeal

(2) Subsections 41.1(5) to (8) of the Act are repealed.

8. Schedule 2 to the Act is amended by replacing “(Sections 2, 6, 7 and 41)” after the heading “SCHEDULE 2” with “(Sections 2, 6, 7, 41 and 41.1)”.

9. The description of Nahanni National Park Reserve of Canada in Schedule 2 to the Act is replaced by the description set out in the schedule to this Act.

TRANSITIONAL PROVISIONS

Transitional

10. Leases of public lands situated in the expansion area — referred to in subsection 41.1(1) of Canada National Parks Act, as enacted by subsection 7(1) — that are in effect on the day on which this Act receives royal assent continue in effect in accordance with their terms and conditions as if they had been issued under that Act, and those terms and conditions prevail in the event of a conflict or inconsistency with that Act.

Transitional

11. On the day on which this Act receives royal assent, the Minister responsible for the Parks Canada Agency shall issue permits, authorizations and licences in accordance with section 41.1 of the Canada National Parks Act, as enacted by subsection 7(1), in replacement of the existing land use permits and authorizations issued under the Mackenzie Valley Resource Management Act and the existing water licences issued under the Northwest Territories Waters Act and containing the same terms and conditions — with any adaptations that are necessary — to the extent that they apply in respect of the mining access roads situated in the expansion area referred to in that section including the sites of storage and other facilities connected with those roads.

COORDINATING AMENDMENTS

Bill C-16

12. (1) Subsections (2) to (7) apply if Bill C-16, introduced in the 2nd session of the 40th Parliament and entitled the Environmental Enforcement Act (the “other Act”), receives royal assent.

(2) If section 3 of this Act comes into force before section 33 of the other Act, then, on the day on which that section 33 comes into force,

(a) subsection 24(4) of the Canada National Parks Act is repealed; and

(b) the portion of subsection 24(2) of the Canada National Parks Act before paragraph (a) is replaced by the following:

Offence

(2) Every person who contravenes any provision of the regulations, other than a provision designated by regulations made under paragraph 16(1)(y), any condition of a permit, licence or other authorizing instrument issued under the regulations or under subsection 41.1(3) and (4), or any order or direction given by a superintendent, park warden or enforcement officer under subsection 41.1(3) or (4), is guilty of an offence and liable

(3) If section 33 of the other Act comes into force before section 3 of this Act, then

(a) that section 3 is deemed never to have come into force and is repealed; and

(b) the portion of subsection 24(2) of the Canada National Parks Act before paragraph (a) is replaced by the following:

Offence

(4) If section 3 of this Act comes into force on the same day as section 33 of the other Act, then that section 33 is deemed to have come into force before that section 3 and subsection (3) applies as a consequence.

(5) On the first day on which both section 4 of this Act and section 34 of the other Act are in force, subsection 25(1) of the Canada National Parks Act is replaced by the following:

Trafficking in wild animals, etc.

25. (1) Except as permitted by this Act or the regulations, no person shall traffic in any wild animal, whether living or dead, at any developmental stage, in any part of or any derivative of, or in any egg or embryo of, a wild animal — or in any plant or part of a plant or in any other naturally occurring object or product of natural phenomena — taken in or from a park.

(6) On the first day on which both subsection 5(1) of this Act and section 35 of the other Act are in force, subsection 26(1) of the Canada National Parks Act is replaced by the following:

Hunting, trafficking or possessing

26. (1) Except as permitted by this Act or the regulations, no person shall

(a) hunt, in a park, any wild animal of a species named in Part 1 of Schedule 3;

(b) traffic in or possess, in a park, any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or

(c) traffic in or possess any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park.

(7) On the first day on which both subsection 5(2) of this Act and section 35 of the other Act are in force, subsection 26(3) of the Canada National Parks Act is replaced by the following:

Hunting, trafficking or possessing

(3) Except as permitted by this Act or the regulations, no person shall

(a) hunt, in a park, any wild animal of a species named in Part 2 of Schedule 3;

(b) traffic in or possess, in a park, any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or

(c) traffic in or possess any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park.

COMING INTO FORCE

10 years after assent

13. Subsection 7(2) comes into force on the day that is 10 years after the day on which this Act receives royal assent.

Explanatory Notes

Canada National Parks Act

Clause 2: Existing text of subsection 15(2):

(2) Public lands in a park in which a right or interest is held for any purpose under this section remain part of the park and, if those lands cease to be used for that purpose, the right or interest reverts to the Crown.

Clause 3: New.

Clause 4: Existing text of subsection 25(1):

25. (1) Except as permitted by the regulations, no person shall traffic in any wild mammal, amphibian, reptile, bird, fish or invertebrate, any part or an egg or embryo thereof, any plant or part of a plant, or any other naturally occurring object or product of natural phenomena, taken in or from a park.

Clause 5: (1) Existing text of subsection 26(1):

26. (1) Except as permitted by the regulations, no person shall hunt, traffic in or possess, in a park, any wildlife of a species named in Part 1 of Schedule 3, or traffic in or possess such wildlife taken from a park.

(2) Existing text of subsection 26(3):

(3) Except as permitted by the regulations, no person shall hunt, traffic in or possess, in a park, any wildlife of a species named in Part 2 of Schedule 3, or traffic in or possess such wildlife taken from a park.

Clause 6: Existing text of section 39:

39. Subject to sections 40 and 41, this Act applies to a park reserve as if it were a park.

Clause 7: (1) New.

SCHEDULE

(Section 9)

Nahanni National Park Reserve of Canada

In the Northwest Territories;

All of Parts I, II and III containing an area of approximately 30 000 square kilometres and described as follows:

Part I

Along the South Nahanni River:

All that parcel being more particularly described as follows, all topographic features hereinafter referred to being according to the first edition of The Twisted Mountain map sheet number 95 G/4 of the National Topographic System, produced at a scale of 1:50,000 by the Department of Energy, Mines and Resources at Ottawa and according to the second editions of the Flat River, Virginia Falls and Sibbeston Lake map sheets and the first edition of the Glacier Lake Map sheet, numbers 95E, 95F, 95G and 95L respectively of the National Topographic System, produced at a scale of 1:250,000, by the Army Survey Establishment, R.C.E., at Ottawa:

Commencing at National Topographic Survey Monument 63-A-152 being a brass plug located on Yohin Ridge, at approximate latitude 61°12′07″ and approximate longitude 123°50′51″;

Thence southeasterly in a straight line to the more southwesterly of two peaks having an elevation of about 1432.6 metres, at approximate latitude 61°06′55″ and approximate longitude 123°44′55″;

Thence southeasterly in a straight line to a peak having an elevation of about 1005.8 metres, at approximate latitude 61°04′45″ and approximate longitude 123°42′20″;

Thence northeasterly in a straight line to latitude 61°05′45″ and longitude 123°39′00″;

Thence northerly in a straight line, across the South Nahanni River, to the summit of Twisted Mountain, at approximate latitude 61°12′30″ and approximate longitude 123°36′30″;

Thence northwesterly in a straight line to latitude 61°18′00″ and longitude 123°46′00″;

Thence westerly in a straight line to latitude 61°17′00″ and longitude 123°56′00″;

Thence northwesterly in a straight line to a peak at approximate latitude 61°24′00″ and approximate longitude 124°35′00″, said peak being approximately at the spot elevation 6,105 feet (1860.8 metres) shown on said Virginia Falls map sheet;

Thence westerly in a straight line to latitude 61°24′00″ and longitude 124°51′00″;

Thence northwesterly in a straight line to Army Survey Establishment Monument “Scrub”, being a cairn at approximate latitude 61°37′20″ and approximate longitude 125°18′03″;

Thence northwesterly in a straight line to Army Survey Establishment Monument “Lock”, being a cairn at approximate latitude 61°45′26″ and approximate longitude 125°43′41″;

Thence northwesterly in a straight line to Army Survey Establishment Monument “Next”, being a cairn at approximate latitude 61°53′09″ and approximate longitude 126°14′11″;

Thence westerly in a straight line to Army Survey Establishment Monument “Dip”, being a cairn at approximate latitude 61°54′39″ and approximate longitude 126°35′40″;

Thence northwesterly in a straight line to Army Survey Establishment Monument “Hop”, being a cairn at approximate latitude 62°00′31″ and approximate longitude 126°57′27″;

Thence westerly in a straight line to Army Survey Establishment Monument “Flag”, being a bronze bolt at approximate latitude 61°58′14″ and approximate longitude 127°23′31″;

Thence southerly in a straight line to Army Survey Establishment Monument “Skip”, being a cairn at approximate latitude 61°54′43″ and approximate longitude 127°24′03″;

Thence southerly in a straight line to a peak at approximate latitude 61°50′00″ and approximate longitude 127°25′30″, the last aforesaid peak being approximately at the position indicated by the spot elevation 8,822 feet (2688.9 metres) shown on said Flat River map sheet;

Thence southwesterly in a straight line to a peak having an elevation of about 2438.4 metres, at approximate latitude 61°45′40″ and approximate longitude 127°30′00″, the last aforesaid peak being on the height of land forming the southwesterly limit of the watershed area of Hole-in-the-Wall Creek;

Thence in general southeasterly and easterly directions along the last aforesaid height of land to a peak at approximate latitude 61°45′30″ and approximate longitude 127°17′00″, the last aforesaid peak being approximately at the position indicated by the spot elevation 8,302 feet (2530.5 metres) shown on said Flat River map sheet;

Thence easterly in a straight line to a peak having an elevation of about 1524 metres, at approximate latitude 61°46′00″ and approximate longitude 127°06′40″;

Thence northerly in a straight line to a peak having an elevation of about 2286 metres, at approximate latitude 61°49′00″ and approximate longitude 127°05′00″;

Thence easterly in a straight line to Army Survey Establishment Monument “Don”, being a cairn at approximate latitude 61°49′24″ and approximate longitude 126°59′17″, the last aforesaid Monument being approximately at the position indicated by the spot elevation 7,401 feet (2255.8 metres) shown on said Flat River map sheet;

Thence easterly in a straight line to Army Survey Establishment Monument “Cross”, being a cairn at approximate latitude 61°50′26″ and approximate longitude 126°40′00″;

Thence southeasterly in a straight line to Army Survey Establishment Monument “Saddle”, being a cairn at approximate latitude 61°46′08″ and approximate longitude 126°26′27″;

Thence southeasterly in a straight line to Army Survey Establishment Monument “Mesa”, being a cairn at approximate latitude 61°42′34″ and approximate longitude 126°15′16″;

Thence southeasterly in a straight line to Army Survey Establishment Monument “Andy”, being a cairn at approximate latitude 61°38′11″ and approximate longitude 126°10′52″, the last aforesaid Monument being approximately at the position indicated by the spot elevation 5,022 feet (1530.7 metres) shown on said Flat River map sheet;

Thence southwesterly in a straight line to a peak at approximate latitude 61°32′20″ and approximate longitude 126°42′40″, the last aforesaid peak being approximately at the position indicated by the spot elevation 6,687 feet (2038.2 metres) shown on said Flat River map sheet;

Thence southeasterly in a straight line to a peak having an elevation of about 1524 metres, at approximate latitude 61°21′30″ and approximate longitude 126°35′20″;

Thence northeasterly in a straight line to National Topographic Survey Monument 63-A-9, being a brass plug at approximate latitude 61°28′12″ and approximate longitude 126°18′39″;

Thence southeasterly in a straight line to a peak at approximate latitude 61°22′00″ and approximate longitude 125°49′00″, the last aforesaid peak being approximately at the position indicated by the spot elevation 4,511 feet (1375 metres) shown on said Virginia Falls map sheet;

Thence easterly in a straight line to a peak at approximate latitude 61°26′30″ and approximate longitude 125°21′00″, the last aforesaid peak being approximately at the position indicated by the spot elevation 4,497 feet (1370.7 metres) shown on said Virginia Falls map sheet;

Thence easterly in a straight line to Army Survey Establishment Monument “Nubby”, being a cairn at approximate latitude 61°24′05″ and approximate longitude 125°04′19″;

Thence southeasterly in a straight line to National Topographic Survey Monument 63-A-107, being a brass plug at approximate latitude 61°16′38″ and approximate longitude 124°42′32″;

Thence southeasterly in a straight line to Army Survey Establishment Monument “Mary”, being a cairn at approximate latitude 61°08′04″ and approximate longitude 124°34′02″;

Thence northeasterly in a straight line to latitude 61°16′00″ and longitude 124°09′00″;

Thence southeasterly in a straight line to latitude 61°13′00″ and longitude 124°00′00″;

Thence easterly in a straight line to the point of commencement; all co-ordinates described above being Geodetic, referred to the North American Datum of 1927; said parcel containing about 4766 square kilometres.

Part II

Commencing at a point on a southerly boundary of the Sahtu Settlement Area (as described in the Sahtu Dene and Metis Comprehensive Land Claim Agreement, Volume 1, Appendix “A”) at longitude 127°23′09″ West and approximate latitude 62°37′00″ North;

Thence southeasterly in a straight line to a point at latitude 62°31′09″ North and longitude 127°12′ 31″ West;

Thence southeasterly in a straight line to a point at latitude 62°24′18″ North and longitude 127°06′50″ West;

Thence southwesterly in a straight line to a point at latitude 62°17′20″ North and longitude 127°11′41″ West;

Thence southeasterly in a straight line to a point at latitude 62°16′22″ North and longitude 127°08′56″ West;

Thence northeasterly in a straight line to a point at latitude 62°18′20″ North and longitude 127°06′07″ West;

Thence southeasterly in a straight line to a point at latitude 62°14′38″ North and longitude 126°53′09″ West;

Thence northeasterly in a straight line to a point at latitude 62°15′10″ North and longitude 126°47′11″ West;

Thence southerly in a straight line to a point at latitude 62°13′38″ North and longitude 126°47′06″ West;

Thence easterly in a straight line to a point at latitude 62°13′39″ North and longitude 126°45′28″ West;

Thence northeasterly in a straight line to a point at latitude 62°16′19″ North and longitude 126°43′33″ West;

Thence northeasterly in a straight line to a point at latitude 62°17′02″ North and longitude 126°41′23″ West;

Thence northwesterly in a straight line to a point at latitude 62°18′21″ North and longitude 126°42′29″ West;

Thence northeasterly in a straight line to a point at latitude 62°18′45″ North and longitude 126°41′00″ West;

Thence southeasterly in a straight line to a point at latitude 62°18′14″ North and longitude 126°39′57″ West;

Thence northeasterly in a straight line to a point at latitude 62°18′52″ North and longitude 126°34′21″ West;

Thence southeasterly in a straight line to a point at latitude 62°17′50″ North and longitude 126°27′16″ West;

Thence northeasterly in a straight line to a point at latitude 62°18′07″ North and longitude 126°23′27″ West;

Thence southerly in a straight line to a point at latitude 62°15′32″ North and longitude 126°24′12″ West;

Thence southeasterly in a straight line to a point at latitude 62°14′24″ North and longitude 126°21′06″ West;

Thence easterly in a straight line to a point at latitude 62°14′31″ North and longitude 126°18′52″ West;

Thence southeasterly in a straight line to a point at latitude 62°11′31″ North and longitude 126°13′02″ West;

Thence northeasterly in a straight line to a point at latitude 62°12′01″ North and longitude 126°04′48″ West;

Thence southeasterly in a straight line to a point at latitude 62°10′37″ North and longitude 126°03′11″ West;

Thence easterly in a straight line to a point at latitude 62°10′44″ North and longitude 125°59′05″ West;

Thence southeasterly in a straight line to a point at latitude 62°09′40″ North and longitude 125°53′52″ West;

Thence northeasterly in a straight line to a point at latitude 62°10′52″ North and longitude 125°46′43″ West;

Thence southeasterly in a straight line to a point at latitude 62°08′55″ North and longitude 125°41′41″ West;

Thence southerly in a straight line to a point at latitude 62°07′01″ North and longitude 125°42′17″ West;

Thence easterly in a straight line to a point at latitude 62°06′48″ North and longitude 125°31′41″ West;

Thence southeasterly in a straight line to a point at latitude 62°02′36″ North and longitude 125°04′24″ West;

Thence southerly in a straight line to a point at latitude 62°00′49″ North and longitude 125°05′01″ West;

Thence southeasterly in a straight line to a point at latitude 61°58′45″ North and longitude 125°02′37″ West;

Thence southeasterly in a straight line to a point at latitude 61°55′32″ North and longitude 124°59′08″ West;

Thence easterly in a straight line to a point at latitude 61°55′24″ North and longitude 124°54′35″ West;

Thence northwesterly in a straight line to a point at latitude 61°58′14″ North and longitude 124°55′03″ West;

Thence northeasterly in a straight line to a point at latitude 62°00′07″ North and longitude 124°49′46″ West;

Thence southeasterly in a straight line to a point at latitude 61°59′53″ North and longitude 124°47′14″ West;

Thence southeasterly in a straight line to a point at latitude 61°58′39″ North and longitude 124°46′10″ West;

Thence northeasterly in a straight line to a point at latitude 62°00′45″ North and longitude 124°39′48″ West;

Thence southeasterly in a straight line to a point at latitude 61°59′22″ North and longitude 124°38′05″ West;

Thence northeasterly in a straight line to a point at latitude 62°00′26″ North and longitude 124°33′00″ West;

Thence easterly in a straight line to a point at latitude 62°00′38″ North and longitude 124°20′20″ West;

Thence northeasterly in a straight line to a point at latitude 62°01′24″ North and longitude 124°17′19″ West;

Thence southeasterly in a straight line to a point at latitude 62°00′58″ North and longitude 124°13′44″ West;

Thence northeasterly in a straight line to a point at latitude 62°01′30″ North and longitude 124°11′24″ West;

Thence northeasterly in a straight line to a point at latitude 62°04′23″ North and longitude 124°06′41″ West;

Thence southeasterly in a straight line to a point at latitude 62°01′26″ North and longitude 124°04′20″ West;

Thence southeasterly in a straight line to a point at latitude 61°53′51″ North and longitude 123°56′28″ West;

Thence southeasterly in a straight line to a point at latitude 61°49′36″ North and longitude 123°52′37″ West;

Thence southeasterly in a straight line to a point at latitude 61°43′59″ North and longitude 123°35′04″ West;

Thence southerly in a straight line to a point at latitude 61°27′05″ North and longitude 123°36′23″ West;

Thence southeasterly in a straight line to a point at latitude 61°20′26″ North and longitude 123°33′01″ West;

Thence southeasterly in a straight line to a point at latitude 61°15′49″ North and longitude 123°32′19″ West;

Thence southwesterly in a straight line to a point on the boundary of the parcel described in Part I, at latitude 61°13′41″ North and approximate longitude 123°38′34″ West;

Thence southeasterly and southwesterly along the Part I parcel boundary to the most southerly corner of the parcel described in Part I, described as “a peak having an elevation of about 1005.8 metres” at approximate latitude 61°04′44″ North and approximate longitude 123°42′26″ West;

Thence northwesterly in a straight line to a point at latitude 61°05′42″ North and longitude 123°46′52″ West;

Thence southwesterly in a straight line to a point at latitude 61°03′29″ North and longitude 123°52′16″ West;

Thence southwesterly in a straight line to a point at latitude 61°00′29″ North and longitude 123°56′42″ West;

Thence southwesterly in a straight line to a point at latitude 60°56′06″ North and longitude 124°01′12″ West;

Thence southerly in a straight line to a point at latitude 60°53′26″ North and longitude 124°01′16″ West;

Thence northwesterly in a straight line to a point at latitude 60°54′22″ North and longitude 124°13′08″ West;

Thence northwesterly in a straight line to a point at latitude 60°55′16″ North and longitude 124°17′53″ West;

Thence northwesterly in a straight line to a point at latitude 60°56′31″ North and longitude 124°21′40″ West;

Thence westerly in a straight line to a point at latitude 60°56′28″ North and longitude 124°24′00″ West;

Thence southwesterly in a straight line to a point at latitude 60°54′47″ North and longitude 124°26′31″ West;

Thence southwesterly in a straight line to a point at latitude 60°52′37″ North and longitude 124°27′43″ West;

Thence southwesterly in a straight line to a point at latitude 60°50′28″ North and longitude 124°28′08″ West;

Thence westerly in a straight line to a point on the Yukon/Northwest Territories Boundary at latitude 60°50′48″ North and approximate longitude 124°32′24″ West;

Thence northerly, westerly and northwesterly along the Yukon/Northwest Territories Boundary to its intersection with latitude 61°17′50″ North at approximate longitude 127°03′10″ West;

Thence northeasterly in a straight line to a point at latitude 61°19′01″ North and longitude 126°59′17″ West;

Thence northeasterly in a straight line to a point at latitude 61°20′13″ North and longitude 126°56′10″ West;

Thence northeasterly in a straight line to a point at latitude 61°21′18″ North and longitude 126°55′44″ West;

Thence northerly in a straight line to a point at latitude 61°22′34″ North and longitude 126°55′55″ West;

Thence northwesterly in a straight line to a point at latitude 61°23′31″ North and longitude 126°56′24″ West;

Thence northwesterly in a straight line to a point at latitude 61°24′43″ North and longitude 126°57′22″ West;

Thence northerly in a straight line to a point at latitude 61°25′41″ North and longitude 126°57′40″ West;

Thence northwesterly in a straight line to a point at latitude 61°27′25″ North and longitude 126°59′06″ West;

Thence northwesterly in a straight line to a point at latitude 61°28′41″ North and longitude 127°01′30″ West;

Thence northwesterly in a straight line to a point at latitude 61°30′29″ North and longitude 127°04′05″ West;

Thence northwesterly in a straight line to a point at latitude 61°31′34″ North and longitude 127°06′32″ West;

Thence northwesterly in a straight line to a point at latitude 61°32′31″ North and longitude 127°09′00″ West;

Thence northerly in a straight line to a point on the southerly bank of the Flat River at longitude 127°09′00″ West and approximate latitude 61°32′50″ North;

Thence westerly and northerly along the southerly bank of said river to its intersection with longitude 127°41′53″ West, at approximate latitude 61°43′32″ North;

Thence northerly in a straight line to a point at latitude 61°44′24″ North and longitude 127°42′18″ West;

Thence northeasterly in a straight line to a point at latitude 61°45′32″ North and longitude 127°41′31″ West;

Thence northwesterly in a straight line to a point at latitude 61°47′49″ North and longitude 127°42′22″ West;

Thence northwesterly in a straight line to a point at latitude 61°49′23″ North and longitude 127°45′22″ West;

Thence northwesterly in a straight line to a point at latitude 61°50′49″ North and longitude 127°50′46″ West;

Thence northwesterly in a straight line to a point at latitude 61°52′19″ North and longitude 127°54′49″ West;

Thence northwesterly in a straight line to a point at latitude 61°53′43″ North and longitude 127°56′18″ West;

Thence northwesterly in a straight line to a point at latitude 61°54′03″ North and longitude 127°58′50″ West;

Thence northeasterly in a straight line to a point at latitude 61°56′53″ North and longitude 127°57′37″ West;

Thence northwesterly in a straight line to a point at latitude 62°00′13″ North and longitude 127°59′56″ West;

Thence southwesterly in a straight line to a point at latitude 61°59′53″ North and longitude 128°02′47″ West;

Thence westerly in a straight line to a point at latitude 61°59′52″ North and longitude 128°04′11″ West;

Thence northwesterly in a straight line to a point at latitude 62°01′15″ North and longitude 128°06′29″ West;

Thence northwesterly in a straight line to a point at latitude 62°03′07″ North and longitude 128°08′35″ West;

Thence northeasterly in a straight line to a point at latitude 62°05′31″ North and longitude 128°07′34″ West;

Thence northwesterly in a straight line to a point at latitude 62°07′19″ North and longitude 128°12′22″ West;

Thence northwesterly in a straight line to a point at latitude 62°08′42″ North and longitude 128°17′31″ West;

Thence westerly in a straight line to a point at latitude 62°08′53″ North and longitude 128°21′40″ West;

Thence southwesterly in a straight line to a point at latitude 62°08′24″ North and longitude 128°25′34″ West;

Thence southwesterly in a straight line to a point at latitude 62°06′43″ North and longitude 128°30′14″ West;

Thence southwesterly in a straight line to a point on the Yukon/Northwest Territories Boundary at latitude 62°06′17″ North and approximate longitude 128°31′22″ West;

Thence northerly and westerly along the Yukon/Northwest Territories Boundary to its intersection with longitude 128°41′50″ West and approximate latitude 62°07′51″ North;

Thence northwesterly in a straight line to a point on a southerly boundary of the Sahtu Settlement Area at longitude 128°47′54″ West and approximate latitude 62°13′42″ North;

Thence northeasterly along the southerly boundary of the Sahtu Settlement Area to the point of commencement;

Saving and Excepting thereout and therefrom, all those lands within Part I and those described as the Prairie Creek Area being described as follows:

Commencing at a point at latitude 61°44′00″ North and longitude 124°45′55″ West;

Thence southeasterly in a straight line to a point at latitude 61°43′08″ North and longitude 124°44′42″ West;

Thence easterly in a straight line to a point at latitude 61°42′59″ North and longitude 124°42′40″ West;

Thence southerly in a straight line to a point at latitude 61°41′59″ North and longitude 124°43′04″ West;

Thence southerly in a straight line to a point at latitude 61°41′06″ North and longitude 124°43′15″ West;

Thence southeasterly in a straight line to a point at latitude 61°40′15″ North and longitude 124°42′45″ West;

Thence southeasterly in a straight line to a point at latitude 61°38′07″ North and longitude 124°40′32″ West;

Thence southerly in a straight line to a point at latitude 61°36′47″ North and longitude 124°40′33″ West;

Thence southwesterly in a straight line to a point at latitude 61°29′14″ North and longitude 124°44′27″ West;

Thence southwesterly in a straight line to a point at latitude 61°29′00″ North and longitude 124°45′45″ West;

Thence southwesterly in a straight line to a point at latitude 61°27′37″ North and longitude 124°48′27″ West;

Thence westerly in a straight line to a point at latitude 61°27′37″ North and longitude 124°49′24″ West;

Thence northwesterly in a straight line to a point at latitude 61°28′51″ North and longitude 124°50′26″ West;

Thence northwesterly in a straight line to a point at latitude 61°29′56″ North and longitude 124°50′58″ West;

Thence northwesterly in a straight line to a point at latitude 61°30′53″ North and longitude 124°52′52″ West;

Thence northwesterly in a straight line to a point at latitude 61°31′14″ North and longitude 124°56′04″ West;

Thence northwesterly in a straight line to a point at latitude 61°31′49″ North and longitude 124°56′24″ West;

Thence northwesterly in a straight line to a point at latitude 61°35′16″ North and longitude 124°57′05″ West;

Thence northeasterly in a straight line to a point at latitude 61°41′28″ North and longitude 124°54′30″ West;

Thence northeasterly in a straight line to the point of commencement.

Said Prairie Creek Area containing an area of approximately 300 square kilometres.

The remainder of the parcel under Part II containing an area of approximately 25 200 square kilometres.

All coordinates in Part II are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 Universal Transverse Mercator (UTM) projection plane surface.

Part III

Commencing at the point of intersection of the Yukon/Northwest Territories Boundary with the southerly boundary of the Sahtu Settlement Area at approximate latitude 62°06′39″ North and approximate longitude 129°10′00″ West;

Thence northeasterly along the southerly boundary of the Sahtu Settlement Area to a point on the southerly boundary of the Sahtu Settlement Area at longitude 128°59′34″ West and approximate latitude 62°10′00″ North;

Thence southeasterly in a straight line to a point on the Yukon/Northwest Territories Boundary at longitude 128°53′58″ West and approximate latitude 62°07′18″ North;

Thence westerly, southerly, northerly following said boundary to the point of commencement.

Said parcel containing an area of approximately 44 square kilometres.

All coordinates in Part III are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS) and any references to straight lines mean points joined directly on the NAD83 Universal Transverse Mercator (UTM) projection plane surface.

Published under authority of the Speaker of the House of Commons

Available from:
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Table of Contents

Cover

Summary