British Columbia Order in Council — Order under Land Administration, control and benefit of described lands be transferred to Canada in perpetuity for national park purposes (O.C. 473/2001)

O.C. 473/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No -- 473 , Approved and Ordered ApR 1 1 2001 • Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the order in the attached

schedule be made. Minister of Environment, Lands and Parks Presidi s Member of the Executive Council (This pair is for administrative purposes only and is not part of the Order) MELT Tracking # 01-I I Authority under which Order is made: Act and Section: Land Act,

Section 31 Other (specify): Lko

SCHEDULE The administration, control and benefit of the lands more particularly described in Annex "A" hereto, including all mines and minerals, whether precious or base or solid, liquid or gaseous and land under water and all water in, on, upon or flowing in, through or upon land and all shipwrecks, antiquities and historical and archaeological resources within its outer boundaries, and the royalties incident thereto, (the "said lands") insofar as the said lands are situate within the Province of British Columbia, be hereby transferred to Her Majesty the Queen in right of Canada in perpetLity for national parks purposes and without excepting or reserving to Her Majesty the Queen in right of the Province of British Columbia any of the interests, rights, privileges or titles set out or referred to in

section 50 of the Land Act, upon and subject to the following terms and conditions, namely: (

a) subject to paragraph (b), (

i) if at any time before the whole or any part of the said lands has been constituted as a National Park of Canada or a part thereof or set aside as a reserve for a National Park of Canada or a part thereof, the said lands or

part is used or disposed of for a purpose inconsistent with a certain memorandum of agreement between the Governments of Canada and British Columbia dated the 12th day of July, 1988 concerning, inter alia, the establishment of a national park in the South Moresby area of the Queen Charlotte Islands and the Province has given to Canada written notice of objection that specifies the inconsistent use or disposition objected to and the lands to which it relates; or (ii) if at any time after the whole or any part of the said lands has been constituted as a National Park of Canada or part thereof or set aside as a reserve for a National Park of Canada or part thereof, the Parliament of Canada declares the whole or any part of the said lands to be no longer required for national parks purposes, then, in either such case, the administration, control and benefit of the said lands or part, as the case may be, including any buildings or other improvements thereon, insofar as the same are situate within the Province of British Columbia, shall thereupon revert to Her Majesty the Queen in right of the Province of British Columbia without any other instrument except the accepting Order of the Lieutenant Governor in Council referred to in paragraph (

b) and at no cost to the Province; (

b) any reverter referred to in paragraph (

a) above shall only take effect upon the acceptance of the transfer or reverter by Order of the Lieutenant Governor in Council, (

i) in the case mentioned in subparagraph (a)(

i) above, within six months of the date of the receipt by Canada of the written notice of objection referred to in that subparagraph; or (ii) in the case mentioned in subparagraph (a)(ii) above, within six months of the declaration of the Parliament of Canada referred to in that subparagraph, and if no such accepiing Order is made within the six month period limited for the making thereof by subparagraph (

i) or (ii) of this paragraph (b), as the case may be, the said reverter shall not occur and shall be without force or effect and Canada shall then be at liberty, in the case mentioned in subparagraph (a)(

i) above, to use or dispose of the said lands or part, as the case may be, in accordance with the said memorandum of agreement, and, in the case mentioned in subparagraph (a)(ii) above, to use or dispose of the said lands or part, as the case may be, for any of the purposes of Canada.

2 ANNEX "A" TO

SCHEDULE In the Pacific Ocean; Offshore of the shores of Moresby Island and Kunghit Island, said Islands being in the Queen Charlotte Islands and in Queen Charlotte Land District; All that part of the Pacific Ocean and Hecate Strait, the bays, the inlets, the sounds, the coves, Burnaby Strait, the harbours, the passages and Houston Stewart Channel being the foreshore and land covered by water lying below the ordinary high water mark (O.H.W.M.) of the Queen Charlotte Islands and more particularly described as follows: Commencing at Tasu Head, Moresby Island, being a point on the ordinary high water mark of the Pacific Ocean; thence southwesterly in a straight line to the intersection of the 52 °40'36" parallel of north latitude with the 132°13'16" meridian of west longitude (said intersection being a point in the Pacific Ocean approximately 10 kilometres from said point on the O.H.W.M. at Tasu Head); thence southeasterly in a straight line to the intersection of the 52 °00'00" parallel of north latitude with the 131°18'00" meridian of west longitude (said intersection being a point approximately 10 kilometres southwesterly of the unnamed islets situated southerly of Anthony Island); thence southeasterly in a straight line to the intersection of the 51 °47'58" parallel of north latitude with the 130°53'31" meridian of west longitude; thence northerly in a straight line to the intersection of the 52 °12'29" parallel of north latitude with the 130 °49'00" meridian of west longitude (said intersection being a point approximately 10 kilometres east of Garcin Rocks); thence northwesterly in a straight line to the intersection of the 52 °26'49" parallel of north latitude with the 131°05'19" meridian of west longitude (said intersection being a point approximately 10 kilometres east of Scudder Point.); thence northwesterly in a straight line to the intersection of the 52 °50'05" parallel of north latitude with the 131°20'10" meridian of west longitude (said intersection being a point in Hecate Strait approximately 10 kilometres northeasterly of Lost Islands); thence westerly in a straight line to the O.H.W.M. at the most northeasterly point of Tangil Peninsula at Porter Head at approximate latitude 52 °48'35" and approximate longitude 131 °39'20" (said line passing approximately 2 kilometres north of Lost Islands); thence generally southeriy and westerly along the O.H.W.M. of Tangil Peninsula to a point that intersects a straight line running from the northeast ccrner of Lot 663 to the peak at the intersection of the northerly boundary of the watershed of Crescent Inlet with the watershed boundary that separates those creeks that flow into Dana Inlet from those that flow into Logan Inlet (said peak being at approximate latitude 52 °46'37" and approximate longitude 131°49'09"); thence southwesterly across Crescent Inlet along said straight line (running from the northeast corner of Lot 663 to said peak at approximate latitude 52 °46'37" and approximate longitude 131 °49'09") to the O.H.W.M. of Moresby Island: thence generally southeasterly, southerly, westerly and northwesterly along the O.H.W.M. of Moresby Island to the point of commencement.

3 SAVE AND EXCEPT THE FOLLOWING DESCRIBED PARCELS OR TRACTS OF LAND: All that foreshore or land covered by water lying below the O.H.W.M. of the Queen Charlotte Islands and more particularly described as follows: AREA #1 Commencing at Poole Point, being a point on the easterly O.H.W.M. of Burnaby Island at approximate latitude 52°22'23" and approximate lonVude 131°14'35"; thence in general southwesterly and westerly directions along the O.H.W.M. of Burnaby Island to the most northerly point of Swan Bay at approximate latitude 52°21'n" and approximate longitude 131 °18'10"; thence southeasterly in a straight line to the intersection of 52°20'15" parallel of north latitude with the 131°17'00" meridian of west longitude; thence due east to a point lying due south of Poole Point, being a point on the easterly O.H.W.M. of Burnaby Island and the point of commencement; thence due north to Poole Point, being the point of commencement.

AREA #2 Commencing at Ikeda Point, being a point on the O.H.W.M. of Moresby Island at the entrance to Ikeda Cove at approximate latitude 52°18'55" and approximate longitude 131°08'10"; thence in general southwesterly. easterly and northeasterly directions along the O.H.W.M. of Moresby Island (Ikeda Cove) to Awaya Point at approximate latitude 52°18'40" and approximate longitude 131°08'10"; thence northerly in a straight lino to Ikeda Point, being the point of commencement.

Explanatory Note: All topographic features described in this Appendix being according to the Gazetteer of Canada (British Columbia) Third Edition, Ottawa 1985; to National Topographic Series (N.T.S.) Maps, (103 B-C Moresby Island, Edition 2) produced at a scale of 1:250 000 by the Army Survey Establishment at Ottawa; to N.T.S. Maps (102-0/14 and 102-0/15 Cape St.

James), (1036/2W Lyman Point), (103B/3 Kunghit Island), (103B/5 Gowgaia Bay), (1036/6 Burnaby Island), (103B/11 Ramsay Island), (103B/12 Darwin Sound), (103B/13 and 1031114 Louise Island) and (103C/9 Tasu Head) produced at a scale of 1:50 000 by the Department of Energy, Mines and Resources at Ottawa and to Canadian Hydrographic Resources at Ottawa and to Canadian Hydrographic Service (C.H.

S) Chart 3853 produced at a scale of 1:150 000 by the Department of Fisheries and Oceans, Ottawa.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 473/2001
Type	order_in_council
Volume / chapter	arc oic 0473 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	628e58fc5b0bfc38871f6a3ca85d5b5979a53beb

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