Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (the Eeyou Marine Region, Nunavut)
SI/2004-153
Registration 2004-12-01
Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (the Eeyou Marine Region, Nunavut)
P.C. 2004-1333 2004-11-16
Her 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, hereby makes the annexed Order Respecting the Withdrawal from Disposal of Certain Lands in Nunavut (the Eeyou Marine Region, Nunavut).
Purpose
1 The purpose of this Order is to withdraw certain lands in Nunavut from disposal in order to facilitate the settlement of the Crees of Quebec within the Eeyou Marine Region, Nunavut.
Lands Withdrawn from Disposal
2 Subject to section 3, the tracts of territorial lands set out in the schedule, including the surface and subsurface rights to the islands that are within the Eeyou Marine Region, are withdrawn from disposal for the period beginning on the day on which this Order is made and ending on September 30, 2008.
Existing Rights and Interests
3 For greater certainty, section 2 does not apply to
(a) the locating of a mineral claim by the holder of a prospecting permit granted before the day on which this Order is made;
(b) the recording of a mineral claim referred to in paragraph (a) or that was located before the day on which this Order is made;
(c) the granting of a lease under the Canada Mining Regulations to a person with a recorded claim if the lease covers an area within the recorded claim;
(d) the issuance of a significant discovery licence under the Canada Petroleum Resources Act to a holder of an exploration licence that was issued before the day on which this Order is made if the significant discovery licence covers an area subject to the exploration licence;
(e) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of a significant discovery licence referred to in paragraph (d) if the production licence covers an area subject to the significant discovery licence;
(f) the issuance of a production licence under the Canada Petroleum Resources Act to a holder of an exploration licence or a significant discovery licence that was issued before the day on which this Order is made if the production licence covers an area subject to the exploration licence or the significant discovery licence;
(g) the granting of a surface lease under the Territorial Lands Act to a holder of a recorded claim under the Canada Mining Regulations or of an interest under the Canada Petroleum Resources Act if the surface lease is required to allow the holder to exercise rights under the claim or interest; or
(h) the renewal of an interest.
SCHEDULE(Section 2)Tracts of Territorial Lands Withdrawn from Disposal (The Eeyou Marine Region, Nunavut)
Part 1:
Except as indicated in Part 2, the portion of the Eeyou Marine Region (EMR) to be withdrawn from disposition, as illustrated on NTS map sheets: 32M; 33D; 33E; 33L; 43A; 43H and 431 includes all lands, surface and subsurface, within the following boundary:
1 Commencing at the intersection of the Ontario-Quebec boundary with the southern shore of James Bay (near Chiyask Bay at approximate latitude of 51º27′40 N and approximate longitude 79º31′05 W );
2 thence northwesterly in a straight line to the intersection of 51º47′00 N latitude and 80º00′00 W longitude, southwest of Charlton Island;
3 thence in a northwesterly direction in a straight line to a point at the intersection of 54º30′ N latitude and 81º20′ W longitude, northwest of Bear Island;
4 thence northeasterly in a straight line to its deflection point with the NSA, at the intersection of 55º00′ N latitude and 81º00′ W longitude, east of Cape Henrietta Maria, Ontario;
5 thence east along the NSA to a point at the intersection of 55º00′ N latitude and 80º00′ W longitude, northwest of Long Island;
6 thence in a straight line south to a point at the intersection of 54º46′ N and latitude 80º00′ W longitude, southwest of Long Island;
7 thence southeasterly in a straight line to a point at the intersection with the shore at approximate 54º38′54″ N latitude and approximate 79º35′ W longitude, northeast of Pointe Louis- XIV;
8 thence southerly and westerly along the boundary of Quebec to the point of commencement.
Part 2:
The following are excluded from the withdrawal, Grass Island (approximate 53º47′49 N latitude and 79º06′42 W longitude) and the lands bounded within the following approximate coordinates:
1 53º50′06 N latitude and 79º07′59 W longitude;
2 53º50′13 N latitude and 79º04′11 W longitude;
3 53°49′46 N latitude and 79º04′27 W longitude;
4 53º49′40 N latitude and 79º05′00 W longitude;
5 53º49′25 N latitude and 79º05′35 W longitude;
6 53º49′31 N latitude and 79º07′20 W longitude;
7 53º49′49 N latitude and 79º08′00 W longitude.
For greater certainty, included within the bounded area are Governor Island and two unnamed islands (approximate 53º49′46″ N latitude and 79º06′00″ W longitude), Sam Island and the four Seal Islands (approximate 53º49′47′′ N latitude and 79º07′29′′ W longitude).
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