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Chignecto Isthmus Wilderness Area Designation

made under

Section 11 of the

Wilderness Areas Protection Act

S.N.S. 1998, c. 27

O.I.C. 2008-628 (December 2, 2008), N.S. Reg. 438/2008

O.I.C. 2017-62 (March 21, 2017), N.S. Reg. 39/2017

Order approved by O.I.C. 2008-628

I, Mark Parent, Minister of Environment for the Province of Nova Scotia, pursuant to

subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act ,

hereby designate an area of land as described in

Schedule A to be known as the Chignecto

Isthmus Wilderness Area, the approximate boundary of which is shown on the map attached as

Schedule B.

The written consent to the designation of these lands has been granted by the owner, the Town

has been filed with the Department of Environment.

This designation is effective on and after the date of its approval by the Governor in Council.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 7, 2008

Sgd.: Mark Parent

Honourable Mark Parent

Minister of Environment

Schedule A

List and Description of Lands Owned by the Town of Amherst

and Included in the Designation of the Chignecto Isthmus Wilderness Area

pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998,

the Wilderness Areas Protection Act

Part 1 of 2: List of Lands by Property [Parcel] Identification Number (PID) Owned

by the Town of Amherst and Included in the Designation of the Chignecto

Isthmus Wilderness Area

Property 1

PID 25076167 173 hectares

PID 25332966 53 hectares

PID 25332974 40 hectares

Property 2

PID 25332958 98 hectares

Property 3

PID 25330028 57 hectares

PID 25330523 104 hectares

Property 4

PID 25098864 12 hectares

Property 5

PID 25361585 76 hectares

Property 6

PID 25098815 360 hectares

Part 2 of 2: Description of Lands Owned by the Town of Amherst and Included in the

Designation of the Chignecto Isthmus Wilderness Area

Parcel A

Parcel A is Zone I of the North Tyndal Protected Water Area , as described below, as well

as all that certain lot of land being situate on the northwesterly side of lands of the Chignecto

Ship Railway Company Limited where said Railway lands form a northwesterly boundary of

Zone I of the North Tyndal Protected Water Area in Cumberland County, Nova Scotia and

shown on a Plan of Survey of said Zone I prepared by Walter C. Rayworth, N.S.L.S. dated June

15th, 1992, the said lot of land being more particularly described as follows:

(Directions in the following are oriented to the Nova Scotia Co-ordinate Grid 3 deg. MTM

Zone 5 Central Meridian 64 deg. 30 min. West Longitude.)

Beginning at a survey marker (shown on the said plan as No. 466) at the intersection of the

northwesterly bounds of the land of the Chignecto Ship Railway Company Limited and the

southwesterly bounds of lands formerly deeded to Claude Porter (deed recorded in the

Cumberland Land Registry Office in Book 221 at Page 277);

Thence from the place of beginning 228 deg. 43 min. 03 sec. a distance of 477.261 metres

along the said northwesterly bounds of the lands of the Chignecto Ship Railway Company

Limited to a survey marker (shown on the said plan as No. 467);

Thence 31 deg. 30 min. along the southeasterly bounds of lands formerly deeded to Claude and

Audrey Porter (deed recorded in Book 507 at Page 1079) and along Crown Land (conveyed to

the Crown by Crown Document No. 492) and again along the said lands formerly of Claude

and Audrey Porter a total distance of 456.326 metres to a survey marker (shown on the said

plan as No. 463);

Thence 121 deg. 41 min. 00 sec. a distance of 141.27 metres along the aforesaid bounds of

lands formerly of Claude Porter to the place of beginning ;

The above described lot of land containing 3.223 hectares and being the “Second” lot of land

deeded to the Town of Amherst by deed recorded in Book 611 at Page 710; and

Being and intended to be that portion of Property [Parcel] Identification Number (PID)

25332958 which is not included in the aforementioned Zone 1 of the North Tyndal Protected

Water Area.

Zone I of the North Tyndal Protected Water Area

(portion of Parcel

A) Exterior Boundary

Shown as Zone 1 on a Sketch Showing The North Tyndal Protected Water Area prepared by

Rayworth & Roberts Surveys Ltd., dated August 19, A.D., 1992.

(Directions in the following are oriented to the N.S. Co-ordinate Grid, 3° MTM Zone 5 Central

Meridian 64° 30' West Longitude.)

Beginning at a survey marker on the westerly bounds of Highway Route No. 366 (the Tyndal

Road), said marker being 22° 56' 24" a distance of 1053.193 metres from N.S. Co-ordinate

Monument #13380;

Thence 297° 44' 15" a distance of 433.279 metres along the northeasterly sideline of lands of

J. D. Irving Ltd. deed recorded Book 222 Page 135 (first parcel) to a survey marker;

Thence 210° 18' 40" a distance of 629.395 metres along the westerly or rear bounds of said

Irving property, (said boundary being known as “the town line”), to a survey marker;

Thence 301° 51' 10" a distance of 1137.512 metres along the northerly sideline of lands of J. D.

Irving Ltd. deed recorded Book 200 Page 442 (2nd Parcel), (said sideline lying next to and

easterly of the Irving Access Road running from the Tyndal Road to Long Lake), to a survey

marker;

Thence 301° 50' 08" a distance of 1143.248 metres along said Irving property and said access

road to a survey marker;

Thence 31° 30' 00" a distance of 797.041 metres along the southeasterly boundary of Crown

land and lands of Claude and Audrey Porter to a survey marker;

Thence 48 o 43' 03" a distance of 1796.247 metres along the southerly bounds of lands of the

Chignecto Ship Railway Company Limited to a survey marker;

Thence 119° 32' 55" a distance of 718.401 metres along the southerly sideline of the lands of

George and Minerva Holton to a survey marker on the Spectacle Plain;

Thence 30° 48' 21" a distance of 42.457 metres along the easterly bounds of said Holton

property to a second survey marker on the Spectacle Plain;

Thence 121° 16' 38" a distance of 530.409 metres along the southerly sideline of the lands of

Walter E. Curry to a survey marker;

Thence 122° 32' 50" a distance of 267.585 metres along said Curry sideline to a survey marker;

Thence 123° 52' 00" a distance of 167.72 metres along said Curry sideline to a survey marker;

Thence 30° 41' 00" a distance of 141.68 metres along the easterly bounds of said Walter E.

Curry land, following the town line to a survey marker;

Thence 26° 35' 00" a distance of 71.90 metres along the easterly bounds of lands of Barbara

Hashey, following the town line to a survey marker;

Thence 21° 22' 00" a distance of 70.148 metres along the easterly bounds of lands of the Town

of Amherst, following the town line to a survey marker;

Thence 25° 34' a distance of 92.798 metres along the easterly bounds of property of Douglas

and Goldie Thompson, following the town line to a survey marker;

Thence 117° 35' 26" a distance of 275.969 metres following a blazed line crossing lands of J.D.

Irving Ltd. deed recorded Book 496 Page 521 to a survey marker;

Thence southwesterly following the westerly bounds of the Tyndal Road a calculated tie line

bearing and distance of 205° 35' 23" 2331.828 metres to the place of beginning .

Parcel B

Parcel B is land acquired from Kimberly Clark Worldwide, Inc. by the Town of Amherst and

more particularly described as follows:

All and singular that certain lot, piece or parcel of land situate, lying and being northwest of

Highway No. 366 and northeast of Round Lake, in the Tyndal Marsh, in the County of

Cumberland, Province of Nova Scotia, said parcel being more particularly described as follows:

Beginning at a northeast corner of the herein described parcel, which point being marked by

survey marker no. 2617;

Thence on a bearing of North 35 degrees, 15 minutes West (Mag. 1974), a distance of 57.27

chains, along the Southwest boundary of land, now or formerly, of William Nicolle, to survey

marker no. 2611 in the Southeast boundary of the abandoned ship railway;

Thence northeasterly, crossing the said abandoned ship railway, to survey marker no. 2612 in

the northwest boundary of the said railway, which marker being on a bearing of North 63

degrees, 20 minutes East (Mag. 1974), a distance of 13.75 chains from the last mentioned

survey marker;

Thence on a bearing of North 37 degrees, 45 minutes West (Mag. 1974), a distance of 114.45

chains, along the southwest boundary of land, now or formerly, of Bragg Lumber Co. Ltd., to a

survey marker no. 2613;

Thence on a bearing of South 53 degrees, 10 minutes West (Mag. 1974), a distance of 41.92

chains, along the Middle Road Baseline, so-called, to survey marker no. 2614;

Thence on a bearing of South 51 degrees, 00 minutes West (Mag. 1974), a distance of 18.95

chains, along the said baseline, to survey marker no. 2621;

Thence on a bearing of South 34 degrees, 50 minutes East (Mag. 1974), a distance of 120.30

chains, along the northeast boundary of land, now or formerly, of Eldon Goodwin and land of

Roderick Davidson, respectively, and crossing the abovementioned abandoned ship railway, to

survey marker no. 2620;

Thence on a bearing of North 52 degrees, 20 minutes East (Mag. 1974), a distance of 23.04

chains, along the northwest boundary of land, now or formerly, of Douglas and Goldie

Thompson, to survey marker no. 2619;

Thence on a bearing of South 34 degrees, 05 minutes East (Mag. 1974), a distance of 49.95

chains, along the northeast boundary of land of the said Thompsons, to survey marker no. 2618;

Thence on a bearing of North 50 degrees, 00 minutes East (Mag. 1974), a distance of 30.83

chains, along the northwest boundary of land, now or formerly, of J. D. Irving Limited, to the

point of beginning ;

An area containing 890 acres, more or less;

Saving and excepting from the above described parcel all land now or formerly being owned

by the Chignecto Ship Railway Company Limited;

Being and intended to be the portion of the land as acquired by Scott Paper Company from

A. E. Mundle & Company Limited (in liquidation) by an indenture dated February 11, 1969 and

recorded in the Office of the Registrar of Deeds for Cumberland County in Book 256, at Page

537;

Also being and intended to be portion of the land owned by Scott Worldwide, Inc. at the time

of a merger into Kimberly-Clark Worldwide, Inc., as evidenced by a certificate of Agreement of

Merger dated November 19, 1996 and as recorded in the Office of the Registrar of Deeds for

Cumberland County on February 17, 1997, in Book 660, at Page 167.

Schedule B

Map Showing Approximate Boundaries of Chignecto Isthmus Wilderness Area

Schedule C

to the Designation of Certain Lands Owned by the Town of Amherst

as the Chignecto Isthmus Wilderness Area

pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998,

the Wilderness Areas Protection Act

1. The consent of the Town of Amherst (“the Town”) to the designation of lands under the

Wilderness Areas Protection Act is granted only for the properties described in

Schedule A

(the “designated town lands”), and referenced by Property [Parcel] Identification Numbers

(PIDs):

PID 25076167

PID 25332966

PID 25332974

PID 25332958

PID 25330028

PID 25330523

PID25098864

PID25361585

PID25098815

2. The Town’s consent is subject to the provisions of the North Tyndal Protected Water Area

designation and regulations, N.S. Reg. 200/92, made under subsections 106(5) and (6) of

the Environment Act , S.N.S. 1994-95, c. 1, and any amendments to those regulations,

which prohibit or regulate certain activities in the North Tyndal Protected Water Area.

Furthermore, for greater certainty, the provisions of the aforementioned regulations will

continue to apply on the Town lands, even where activities so prohibited or regulated

would otherwise be permitted under the Wilderness Areas Protection Act .

2A. The Town’s consent is granted for a period of five (5) years beginning on July 1, 2008, and

shall be automatically renewed on July 1, 2013, for a further five (5) year period, and on

July 1, 2018 shall be automatically granted in perpetuity, unless, at least 180 days prior to a

renewal date, the Town provides notice in writing to the Minister that it intends to revoke

its consent respecting some or all of the designated Town lands, or wishes to renegotiate

lands. The Town’s consent is granted under the further condition that, in the event that the

Town gives timely notice prior to one of the two renewal dates that it intends to revoke its

consent respecting some or all of the designated Town lands, the Minister of Environment

(“Minister”) will undertake the actions necessary under the Wilderness Area Protection Act

to revoke the designation within a reasonable time.

3A. The Town reserves the right to decide, at any time, whether and to what extent

i) regulations made pursuant to

Section 39 of the Wilderness Areas Protection Act

shall apply to the designated Town lands;

ii) management plans made pursuant to

Section 15 of the Wilderness Areas Protection

Act shall apply to the designated Town lands; and

iii) activities authorized under Sections 19, 20, 21, 22, 23, 24, and 26 of the Wilderness

Areas Protection Act shall apply to or be permitted to occur on the designated Town

lands.

3B. To exercise the right reserved in

Section 3A of this Schedule, the Town shall provide

written notice to the Minister requesting that a regulation or management plan or provision

thereof not apply to, or an activity otherwise permitted to occur under the Wilderness

Areas Protection Act not be permitted to occur on, the designated Town lands. Upon

receipt of said notice, the Minister shall take all necessary steps to ensure the Town’s

request is granted within a reasonable period of time.

Where such a request has been previously granted, the Town may at any time, by

providing written notice to the Minister, request that its earlier request be revoked, and the

Minister shall take all necessary steps to ensure the Town’s earlier request is revoked

within a reasonable period of time.

3C. In the absence of the Minister receiving express written notice from the Town, any

aforementioned regulation or activity shall apply to or be allowed to occur on the

designated Town lands in the same manner as in other wilderness areas designated under

the Act, and any management plan completed for the Chignecto Isthmus Wilderness Area

shall apply to the designated Town lands in the same manner as to the remainder of the

Chignecto Isthmus Wilderness Area.

3D. The Minister shall provide written notice to the Town of any regulations made or intended

to be made pursuant to

Section 39 and management plans made or intended to be made

pursuant to

Section 15 of the Wilderness Areas Protection Act . Any such regulations or

management plans shall take effect on the designated Town lands 180 days following the

provision of such notice, except where the Town provides its written consent to an earlier

application date, or the Town provides written notice of its objection to the application of

these regulations or management plans to some or all of the designated Town lands.

4. Notwithstanding anything in the Act, but subject to any other applicable statute or

regulation, the Town reserves the right to undertake on the designated Town lands such

activities and developments as are reasonably necessary for the development, operation,

maintenance, expansion, restoration, repair, or dismantling of the Town’s municipal water

supply, including, but not limited to, the expansion of water production, distribution, and

treatment capacity through the building of new access roads, drilling of new wells, and

construction or installation of any necessary associated infrastructure.

Prior to exercising any of the above-mentioned rights, the Town agrees to inform and

consult with the Minister regarding its intentions for the designated Town lands.

5. The Town may post signs at intervals along the boundary of the designated Town lands as

required to enable the Town to meet its obligations under the Environment Act with

respect to the North Tyndal Protected Water Area.

6. The Town may blaze the zone boundaries of the North Tyndal Protected Water Area as

necessary to maintain the boundaries, including marking, blazing and cutting of trees.

7. The Town may carry out such activities on the designated Town lands as are required in a

waterworks-related emergency situation, in order to fulfill their obligations as waterworks

operator, provided that care is taken to have the least environmental impact possible in the

circumstances and that efforts are made to inform and consult with the Minister as soon as

possible.

8. The Town may use motorized and non-motorized vehicles, including all-terrain vehicles

(ATVs), snowmobiles, and bicycles, on existing and future roadways on the designated

Town lands, for the purpose of maintaining and protecting the North Tyndal Protected

Water Area and for exercising the rights reserved in Sections 4, 5, 6, and 7 of this

Schedule.

9. The Town reserves the right to disallow public access to the designated Town lands for

any reason, including, but not limited to, concerns regarding the health and safety of

people or the water supply,

wildlife, forests, watercourses, or occupiers’ liability, and undertakes to provide public

notice thereof through erection of signage, fencing, or other appropriate means.

10. The Town hereby agrees to at all times indemnify and save harmless Her Majesty the

Queen in right of the Province of Nova Scotia and the Minister from and against all

claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by

whomever made, sustained, brought, or prosecuted in any manner based upon, occasioned

by, arising out of, or attributable in any way to the performance or purported performance

of the Town, its servants, agents, or independent contractors, of the Town’s obligations

and activities to protect and maintain the North Tyndal Protected Water Area.

11. The Town’s consent is granted on the condition that the Province shall at all times

indemnify and save harmless the Town from and against all claims, demands, losses,

costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained,

brought, or prosecuted in any manner based upon, occasioned by, arising out of, or

attributable in any way to the performance or purported performance of the Province, its

servants, agents, or independent contractors of the Province’s obligations and activities to

protect and manage the Chignecto Isthmus Wilderness Area.

Order approved by O.I.C. 2017-62

I, Margaret Miller, Minister of Environment for the Province of Nova Scotia, pursuant to clause

11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act , hereby

designate an area of Crown land in Cumberland County, with approximate boundaries as shown

on the map attached as Appendix A, as an addition to Chignecto Isthmus Wilderness Area,

designated by the Minister of Environment and approved by the Governor in Council by Order

in Council 2008-628 dated December 2, 2008, N.S. Reg. 438/2008.

The actual boundaries of the designated additional areas shall be as described and shown on a

description and plan signed by the Director of Surveys and deposited in the Provincial Crown

Land Information Management Centre, formerly known as the Provincial Crown Lands Record

Centre, the signed description and plan forming part of this designation.

This designation is effective on and after the later of the date it is approved by the Governor in

Council and the date the description and plan are deposited in the Provincial Crown Land

Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, Nov 29 2016 [ sic ],

sgd. Margaret Miller

Honourable Margaret Miller

Minister of Environment

Appendix A

Map Showing Approximate Boundaries of

Addition to Chignecto Isthmus Wilderness Area