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McNabs and Lawlor Islands Provincial Park Designation

made under

Section 8 of the

Provincial Parks Act

R.S.N.S. 1989, c. 367

O.I.C. 2002-492 (November 1, 2002), N.S. Reg. 137/2002

The Governor in Council on the report and recommendation of the Minister of Natural

Resources dated August 30, 2002, and pursuant to

Chapter 367 of the Revised Statutes of Nova

Scotia, 1989, the Provincial Parks Act , is pleased, with respect to the designation of provincial

parks, to:

(

a) designate land at McNabs Island and Lawlor Island, Halifax County, owned by

Her Majesty in Right of the Province of Nova Scotia, to be a provincial park,

the said land being described in

Schedule “A” and shown outlined in bold line

on a copy of Provincial Crown Lands Record Centre Plan No. E-15-63 marked

Schedule “B”, both schedules being attached to and forming part of the report

and recommendation;

(

b) declare that the provincial park is to be known by the name of “McNabs and

Lawlor Islands Provincial Park”; and

(

c) authorize the Minister of Natural Resources to execute such documents as may

be necessary to achieve the purposes of this Order.

Schedule “A”

All those certain lots, pieces, or parcels of land situate, lying, and being on McNabs and Lawlor

Islands, at the entrance to Halifax Harbour, in the County of Halifax, Province of Nova Scotia,

together with certain lands covered by water bounding the said Islands, but excepting and

reserving certain portions of the said Islands, as shown on a compiled plan showing “Crown

Lands designated as McNabs and Lawlor Islands Provincial Park”, dated July 11th, 2002,

having Field Plot No. P-074/02, and filed in the Provincial Crown Lands Record Centre,

Halifax, under C.L.R. No. E-15-63, the said parcels of land and land covered by water being

more particularly described as follows:

McNabs Island

All of McNabs Island extending seaward to the ordinary low water mark of Halifax Harbour or

the entrance to Halifax Harbour and including Parcel I, said Parcel I being a small parcel of

land exposed at ordinary low tide and lying off the southwestern shore of McNabs Island as

shown on compiled plan P-074/02.

Together with three parcels of land covered by water as shown on compiled plan P-074/02 and

more particularly described as follows:

First parcel

Beginning at a point on the ordinary low water mark of McNabs Cove on the western shore of

McNabs Island, said point being situate at the northeastern corner of Parcel E as shown on

compiled plan P-074/02;

Thence northerly crossing McNabs Cove in a direction towards Hugonin Point to a point on the

southern boundary of Parcel 98-1, a water lot retained by Her Majesty the Queen in Right of

Canada (Department of National Defence), the said Parcel 98-1 being more particularly shown

on Plan 14-795-0 showing survey of Parcels CL-1, CL-2, and 98-1, by Douglas K. MacDonald,

NSLS, dated March 2, 1998;

Thence northeasterly and northwesterly following the eastern boundary of Parcel 98-1 to a

point on the ordinary low water mark of McNabs Cove;

Thence southeasterly, southerly, and southwesterly following the ordinary low water mark of

McNabs Cove to the place of beginning.

Second parcel

Beginning at a point on the ordinary low water mark of Back or Wreck Cove on the eastern

shore of McNabs Island, said point being situate approximately at Farrels Point near the

northern headland of Back or Wreck Cove as shown approximately on compiled plan P-074/02;

Thence southeasterly crossing Back or Wreck Cove to a point at its southern headland and

situate on the ordinary low water mark of Back or Wreck Cove;

Thence northwesterly, northerly, and easterly following the ordinary low water mark of Back or

Wreck Cove to the place of beginning.

Third parcel

Beginning at a point on the ordinary low water mark of the entrance to Halifax Harbour at the

southern end of McNabs Island, said point being situate on the southeastern shore of a point of

land known as Big Thrumcap, as shown approximately on compiled plan P-074/02;

Thence southwesterly crossing water to a point on the ordinary low water mark of the entrance

to Halifax Harbour, said point being situate at the southern tip of land exposed at ordinary low

tide and previously identified as Parcel I;

Thence along the eastern, northern, and northwestern shores of Parcel I following the ordinary

low water mark of the entrance to Halifax Harbour northeasterly, northwesterly, and

southwesterly to a point, said point being situate on the northwestern shore of Parcel I, as shown

approximately on compiled plan P-074/02;

Thence northwesterly crossing water to a point on the ordinary low water mark of the entrance

to Halifax Harbour at the southern tip of a point of land known as Thrumcap Hook;

Thence northerly and southeasterly following the ordinary low water mark of the entrance to

Halifax Harbour along the eastern shore of Thrumcap Hook and the western shore of McNabs

Island to the place of beginning.

Excepting and reserving from McNabs Island all those certain parcels of land as shown on

compiled plan P-074/02 and more particularly described as follows:

First

All that parcel of land shown as Parcel CL-1, land retained by Her Majesty the Queen in Right

of Canada (Department of National Defence), as shown on Plan 14-795-0 showing survey of

Parcels CL-1, CL-2, and 98-1, by Douglas K. MacDonald, NSLS, dated March 2, 1998, the said

Parcel CL-1 including the 12 ft. strip extending northeasterly along the southeastern boundary

of a former 20 ft. road allowance.

Second

All that parcel being a portion of land conveyed to the Crown in Document No. 3446, Book

5506, Page 105, said portion being the subject of an easement for clearing rights in favour of

Her Majesty the Queen in Right of Canada (Department of Transport), as shown on Department

of Public Works Plan No. MT-1446, by Gerald MacDougall, NSLS, dated December 30, 1974,

the intent being to exclude the said parcel of land in fee simple.

Third

All that portion of a former 20 ft. road allowance in the Kirby Subdivision, the said 20 ft. road

allowance being a portion of land conveyed to the Crown in Document No. 3692, Book 6494,

Page 1238, the said portion of the 20 ft. road allowance directly abutting the northwestern

boundary of the above-mentioned Parcel CL-1 and lying between the northeastern boundary of

the former Forsyth Street and the southwestern boundary of the former McNab Street in the

Kirby Subdivision, the Kirby Subdivision being as shown on Field Plot No. P-065/74-1, plan

showing Division of Property on McNab Island by J. L. Kirby & Others, 1872, by A. E.

Wallace, NSLS, dated January 4, 1974.

Fourth

All that parcel of land of Her Majesty the Queen in Right of Canada (Department of National

Defence) being Lot 17 of the Kirby Subdivision as shown on the above-referenced P-065-74-1,

the said Lot 17 being the Lighthouse Site formerly administered by the Department of Transport

and described in Book 1722, Page 714.

Fifth

All that southeastern portion of the former Kirby Street of the Kirby Subdivision, the said Kirby

Street being a portion of land conveyed to the Crown in Document No. 3692, Book 6494, Page

1238, the said portion of Kirby Street being that which lies southeast of a cut-off line defined by

the prolongation of the northwestern boundary of the above-referenced Lot 17 of the Kirby

Subdivision.

Sixth

All that parcel of land owned by Richard Brignoli situate on the northeastern side of the former

Forsyth Street of the Kirby Subdivision, being a portion of Lots 14 and 16 of said subdivision,

and described in Book 6636 Page 278.

Seventh

All that parcel of land of Her Majesty the Queen in Right of Canada (Department of Transport)

shown as Parcel 1 on Department of Public Works Plan No. S-1032-E, by Douglas Mehlman,

NSLS, dated October 27, 1981, the said Parcel 1 being a portion of Lot 16 of the Kirby

Subdivision, and described in Book 3898 Page 103, Expropriation #2720 and #2730.

Eighth

All that parcel of land of Her Majesty the Queen in Right of Canada (Department of Transport)

shown as Parcel 2 on Department of Public Works Plan No. S-1032-E, by Douglas Mehlman,

NSLS, dated October 27, 1981, the said Parcel 2 being a portion of Lot 16 of the Kirby

Subdivision, and described in Book 3898 Page 103, Expropriation #2720 and #2730.

Ninth

All that parcel of land owned by Anton E. Self situate on the southwestern side of the former

McNab Street of the Kirby Subdivision, and shown as Parcel D on Plan No. 14-298-A by

Terrance R. Doogue, NSLS, dated December 23, 1987, and described in Book 6555 Page 45.

Tenth

All that parcel of land owned by the Roman Catholic Episcopal Corporation of Halifax, situate

at the intersection of the southeastern boundary of the former Howe Street with the

northeastern boundary of the former Jennet Street of the Kirby Subdivision, being a portion of

Lot 39 of said subdivision, and described in Book 1177 Page 707.

Eleventh

All that parcel of land claimed by Charles V. Hurshman situate on the northwestern side of the

former Howe Street of the Kirby Subdivision, being Lots 33, 34, and 35 of said subdivision,

extending to the ordinary low water mark of Halifax Harbour, and described in Book 1081 Page

292, and also referenced in Statutory Declaration Book 785, Page 409.

Twelfth

All that portion of the former Howe Street of the Kirby Subdivision claimed by Charles V.

Hurshman, the said Howe Street being a portion of land conveyed to the Crown in Document

No. 3692, Book 6494, Page 1238, the said portion of Howe Street lying between the centerline

of Howe Street and the southeastern boundary of Lots 33, 34, and 35, and also lying between

the prolongation of the southwestern boundary of Lot 33 and the prolongation of the

northeastern boundary of Lot 35.

Thirteenth

All that parcel of land situate at the northwestern end of McNabs Island lying between the

ordinary high water mark and the ordinary low water mark, the said parcel beginning at the

prolongation southwesterly of the northwestern boundary of the former Queen Street of the

Kirby Subdivision and extending northwesterly, easterly, and southeasterly to the prolongation

northeasterly of the northwestern boundary of the former Queen Street, the said parcel being a

portion of the land originally granted to Peter McNab in Grant Book U, Page 38.

Fourteenth

All that parcel of land of Her Majesty the Queen in Right of Canada shown as Parcel E on

Field Plot No. P-042/99, prepared by Servant, Dunbrack, McKenzie & MacDonald, Ltd., dated

August 30th, 1999.

Fifteenth

All that parcel of land of Her Majesty the Queen in Right of Canada shown as Parcel F on the

above-referenced P-042/99.

Sixteenth

All that parcel of land of Her Majesty the Queen in Right of Canada shown as Parcel G on the

above-referenced P-042/99.

Seventeenth

All that parcel of land of Her Majesty the Queen in Right of Canada shown as Parcel H on the

above-referenced P-042/99.

Lawlor Island

All that portion of Lawlor Island shown as Parcel A on Field Plot No. P-042/99, prepared by

Servant, Dunbrack, McKenzie & MacDonald, Ltd., dated August 30th, 1999, the said Parcel A

intended to be all of Lawlor Island extending seaward to the ordinary low water mark of the

entrance to Halifax Harbour excluding and reserving therefrom a parcel of land retained by Her

Majesty the Queen in Right of Canada shown as Parcel B on P-042/99.

Together with three parcels of land covered by water as shown on compiled plan P-074/02 and

more particularly described as follows:

First parcel

Beginning at a point on the ordinary low water mark of the entrance to Halifax Harbour

(Eastern Passage) at the northern end of the boundary between Parcel A and Parcel B;

Thence northwesterly crossing the cove to a point on the ordinary low water mark of the

entrance to Halifax Harbour (Eastern Passage) as shown approximately on compiled plan

P-074/02;

Thence southerly and easterly following the ordinary low water mark of the entrance to Halifax

Harbour (Eastern Passage) to the place of beginning.

Second parcel

Beginning at a point on the ordinary low water mark of the entrance to Halifax Harbour

(Eastern Passage) at the southern end of the boundary between Parcel A and Parcel B;

Thence southeasterly crossing the cove to a point on the ordinary low water mark of the

entrance to Halifax Harbour (Eastern Passage) as shown approximately on compiled plan

P-074/02;

Thence northwesterly and northerly following the ordinary low water mark of the entrance to

Halifax Harbour (Eastern Passage) to the place of beginning.

Third parcel

Beginning at a point on the ordinary low water mark of the entrance to Halifax Harbour at the

tip of a point of land on the western shore of Lawlor Island as shown on compiled plan

P-074/02;

Thence northerly crossing the cove to a point on the ordinary low water mark of the entrance to

Halifax Harbour, said point being situate on the southern boundary of a 10 metre wide utility

right-of-way retained by Her Majesty the Queen in Right of Canada and shown as Parcel L on

compiled plan P-074/02;

Thence southeasterly, southerly, and northwesterly following the ordinary low water mark of

the entrance to Halifax Harbour to the place of beginning.

* * * * *

Being and intended to be all lands and lands covered by water at McNabs and Lawlor Islands

shown outlined in bold on the above-mentioned compiled plan P-074/02, saving and excepting

therefrom three internal parcels of land identified on compiled plan P-074/02 as numbers “9",

“10" and “17" and being the above-described ninth, tenth, and seventeenth exceptions from

McNabs Island.

The total area of all included parcels of land and land covered by water is 633.6 hectares more

or less.

The herein described lands being subject to any valid rights, easements or other interests.

Schedule “B”

[Note: The map referred to as

Schedule “B” was not filed with the Office of the Registrar of Regulations.]