PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Transcription

1 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 4 0, Approved and Ordered APR Lieutenant Gove 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 Minister of Water, Land and Air Protection is authorized, on behalf of the government, to enter into an agreement with the government of Canada in the form attached as Schedule A to this Order. Minister O( Water, Land and Air Protection Presidin Executive 1 Authority under which Order is made: (This part is for administrative purposes only and is not part of e Order.) Act and section:- Ministry of Lands, Parks and Housing Act, section 6 Other (specify):- April 2, 2004 /04NAW

2 SCHEDULE A THIS AGREEMENT is dated for reference April 14, 2004 BETWEEN AND WHEREAS: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Environment for the purposes of the Parks Canada Agency ("Canada") HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Water, Land and Air Protection (the "Province") A. The parties entered into an agreement on May 9, 2003 which is entitled "Memorandum of Agreement between Her Majesty the Queen in Right of Canada as represented by the Minister of Canadian Heritage, for the purposes of the Parks Canada Agency, and Her Majesty the Queen in Right of British Columbia as represented by the Minister of Sustainable Resource Management and the Minister of Water, Land and Air Protection respecting the Establishment of a National Park Reserve of Canada in the Gulf Islands of British Columbia" (the "NPEA"). B. The parties have agreed to amend the NPEA as set out below. The parties agree as follows: 1. The NPEA is amended as follows: section 1.1 is amended by deleting the definitions "Surveyor General (Canada)", "Warburton Pike Land" and "Warburton Pike Tenures" and replacing them with the following: "'Surveyor General (Canada)' means the Surveyor General of Canada and includes any person who is authorized to act on the Surveyor General's behalf for the purposes of this Agreement; and 'Warburton Pike Tenures' means the tenures described in items 5 and 6 of Annex H."; subsection 6.1 is amended by deleting the words "the procedure described in section 6.3" and replacing them with the words "the procedure described in section 6.3 provided, however, that on or before March 31, 2004 all money and accrued interest in that account will be paid to Canada by British Columbia and Canada will deposit that money and accrued interest in the New Parks 2

3 and Historic Sites Account, or such other account to be identified by Canada, to be expended for the acquisition of land by Canada under subsection 6.4"; subsection 6.4 is deleted and replaced with the following: " Canada will expend money and accrued interest from the accounts referred to in subsection 6.1 and section 6.2 for the acquisition of land in the Core Area for Park Reserve Purposes; and"; (d) paragraph 6.5(i) is amended by deleting the words "subsections 6.1 and 6.2" and replacing them with the words "subsection 6.1 and section 6.2"; (e) section 7.2 is amended by deleting the words "7.9," and "six months after"; (f) subsection 7.2 is amended by deleting the words "the date of this Agreement" and replacing them with the words "April 30, 2004"; (g) subsection 7.2 is amended by inserting the words "six months after" before the words "being requested by Canada"; (h) subsection 7.4 is amended by deleting the words "and British Columbia will use its best efforts to make that recommendation to the Lieutenant Governor in Council not later than two months after the date of this Agreement"; (i) subsection 7.8 is amended by inserting the words "and the Provincial Minister (Parks) will discharge the registration of all encumbrances that are registered on title to that land in favour of British Columbia" after the words "under the Land Act"; (j) section 7.9 is deleted; (k) section 10.3 is amended by deleting the words "six months" and replacing them with the words "one year"; (1) section 11.2 is amended by deleting the words "three months" and replacing them with the words "one year"; (m) section 11.3 is amended by deleting the words "within three months of signing this Agreement" and replacing them with the words "within one year of the date of this Agreement"; (n) section 12.1 is deleted and replaced with the following: "12.1 At the time the Order in Council (Land) is made under section 7.2, 11.2 or 11.3, British Columbia will ask the Environment and Land Use Committee to recommend to the Lieutenant Governor in Council that the Order in Council (ELUC) be made with respect to the Provincial Land and the Provincial Protected Areas described in the Order in Council (Land), to come into effect on the date the Order in Council (Land) is made and the Order in Council (ELUC) will, subject to section 12.3 and in accordance with the terms of the Order in Council (ELUC), allow the Federal Minister to manage and 3

4 administer the land described in the Order in Council (ELUC) before Canada accepts the transfer of the administration, control and benefit of that land to it under section 7.6."; (o) section 12.3 is deleted and replaced with the following: "12.2 After the Order in Council (ELUC) that is referred to in section 12.1 comes into effect, British Columbia will be under no obligation to continue to manage the Provincial Land and the Provincial Protected Areas or to provide those interim protection measures concerning that land and the PMHL Land (Canada) that it has provided to the date of this Agreement, except that British Columbia, through its delegate, LWBC, will administer the Licences until Canada accepts the transfer of the administration, control and benefit of the Provincial Land and Provincial Protected Areas to it under section 7.6 and, until that happens, British Columbia will except as provided under subsections and, not make any disposition under the Land Act with respect to that land, unless requested to do so by Canada; and only renew or replace the Licences after consultation with Canada."; (P) items 1 to and including 3 of Annex A are deleted and replaced with the following: "1. Those parts of District Lots 56, 57, 57A, 58 and 59, Cowichan District shown stippled on Schedule A to this Annex A and identified as 'Iles Tumbo and/et Cabbage Island'. 2. District Lot 570, Cowichan District, except Blocks A and B shown stippled on Schedule B to this Annex A and identified as 'Hot Isabella Islet'. 3. The unsurveyed Crown land below the Natural Boundary that is shown stippled on the maps attached as Schedules A to and including I of this Annex A that is not included in the Provincial Land."; (q) item 1 of Annex C is deleted and replaced with the following: " No Parcel Identifier The east 1/2 of the northeast 1/4, Section 4, Saturna Island, Cowichan District, shown on Plan DD except the northeast 1/4 of the northeast 1/4 of the northeast 1/4;"; (r) items 1(h) to and including (m) of Annex C are deleted and replaced with the following: "(h) No Parcel Identifier Remainder of the northwest 1/4, Section 4, Saturna Island, Cowichan District; (i) No Parcel Identifier West 1/2 of the southeast 1/4, Section 8, Saturna Island, Cowichan District; (j) Parcel Identifier The northeast 1/4 of Section 10, Saturna Island, Cowichan District; 4

5 (k) Parcel Identifier The northeast 1/4 of Section 11, Saturna Island, Cowichan District, except the northeast 1/4 thereof; and (1) No Parcel Identifier Remainder of the northeast 1/4, Section 11, Saturna Island, Cowichan District."; (s) item 3 of Annex C is deleted and replaced with the following: The following described Crown islets which are shown stippled on Schedules A to and including G of this Annex C which are not included in the Provincial Parks and the Provincial Protected Areas: (d) (e) (f) (g) (h) (i) (j) (k) Belle Chain Islets; Blunden Islet; Channel Islets; East Point Boiling Reef; Greig Island; Hawkins Island; 'nixie Island; Isabella Islet; Java Islet; Reay Island; Red Islets; (1) Sallas Rocks; and (m) Samuel Islet."; (t) item 7 of Annex C is deleted and replaced with the following: "7. All unsurveyed, unencumbered and unalienated Crown islets within the coastal tidal waters of the Core Area except for the Crown islets described in item 3 of this Annex C; the Crown islets included in the Provincial Parks and the Provincial Protected Areas; 5

6 (d) all Crown islets that are reserved from disposition under the Land Act by an order in council other than Order in Council 467/82; and District Lot 121, Cowichan District (being Dock Island)."; (u) item 4 of Annex D is deleted and replaced with the following: "4. The following park use permits issued under the Park Act: (d) (e) (f) (g) Permit SV issued to K2 Park Services; Permit SV issued to Ocean River Sports; Permit SV issued to Viable Marine Services; Permit SV issued to RLC Enterprize Ltd.; Permit SV issued to the District of North Saanich; Permit SV issued to Telus Communications Inc., Permit SV issued to the Canadian Coast Guard; (h) Permit SV issued to the Board of School Trustees of School District #64; (i) (j) (k) Permit SV issued to Environment Canada; Permit SV issued to the CRD; Permit SV issued to Ecowest Adventures Ltd.; (1) Permit SV issued to Kayak Pender Island; (m) (n) (o) (p) (q) (r) (s) Permit SV issued to Bluewater Adventures; Permit SV issued to Evergreen Industries Ltd.; Permit SV issued to Camp Thunderbird; Permit VI issued to Due West Charters; Permit VI issued to Tumus Marine; Permit ST issued to Natural West Coast Adventures; Permit SV issued to Arenaria Research and Interpretation; 6

7 Permit VI issued to Parks Canada; Permit VI issued to Wayne Hallstrom; Permit V issued to University of Western Ontario; and Permit VI issued to Peter Arcese."; (v) (w) Annex F is amended by inserting the words "Adjacent Submerged Land, the" before the words "Provincial Parks and the Provincial Protected Areas"; items 1 and 2 to the footnote to Schedule B to Annex F are deleted and replaced with the following: "1. In the case of the Order in Council (Land) made under section 7.2, Schedule A to this order in council will set out the legal descriptions of the Crown Land (B.C.), the Provincial Parks and the Provincial Protected Areas, all as amended in accordance with Article 11; 2. In the case of the Order in Council (Land) made to transfer the administration, control and benefit of the land described in sections 11.2 and 11.3, Schedule A to this order in council will set out the legal description of that land; and"; (x) item 2 of Annex H is deleted and replaced with the following: "2. The following encumbrances: the conditions described in subsection 7.3(d); the dispositions made under subsection 12.3; and the Licences, including all renewals and replacements of the Licences made under subsection 12.3."; (y) items 3 to and including 32 of Annex H are deleted and replaced with the following: 3. With respect to the Crown Land (B.C.) described in items 1 and (j) of Annex C, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the Crown Land (B.C.) described in items 1,, (d) and (h) of Annex C and item 6 of Annex K, all or part of that land is located within the ALR. 5. With respect to the Crown Land (B.C.) described in item 1(f) of Annex C, the licence of occupation granted to WIC Television Ltd. (now Global Communications Limited) under Order in Council 865/60 for communication tower purposes (being right of way #282). 7

8 6. With respect to the Crown Land (B.C.) described in item 1(h) of Annex C, the right of way granted to British Columbia Hydro and Power Authority under Order in Council 765/ With respect to the Crown Land (B.C.) described in item 2 of Annex C, undersurface rights registered in favour of British Columbia under number EP With respect to the PMHL Land (B.C.) described in item 1 of Annex I, notation as to access by water only (see Plan 41302); notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan Nos. 2 and 4; and right of way registered in favour of British Columbia Hydro and Power Authority under number G. 9. With respect to the PMHL Land (B.C.) described in item 3 of Annex I, right of way registered in favour of Canada under number G48369; and covenant registered in favour of Canada under number G With respect to the PMHL Land (B.C.) described in item 3 of Annex I, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No. 4; and conditional water licences CL40382 and CL40383 and the rights of the holders of those conditional water licences to enter on the land and to maintain, repair and operate any works permitted on the land under those licences on the date the Order in Council (Land) is made. 11. With respect to the PMHL Land (B.C.) described in item 3(d) of Annex I, undersurface rights registered in favour of Eileen Hussey De Burgh, administratrix of the estate of Harlowin Pirrie Odo Hussey De Burgh, Ulick Francis Hussey De Burgh and Elizabeth Emily Skrondal under number G (Skrondal's interest transmitted to G); undersurface rights registered in favour of Christeen Elizabeth Sowden under number G; and undersurface rights registered in favour of Hubert Walter Hussey De Burgh under numbers G and G. 12. With respect to the PMHL Land (B.C.) described in item 4(d) of Annex I, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No. 4. 8

9 13. With respect to the PMHL Land (B.C.) described in item 5 of Annex I, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the PMHL Land (B.C.) described in item 5 of Annex I, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No. 4; and statutory right of way registered in favour of Rogers Wireless Inc. under number EJ With respect to the PMHL Land (B.C.) described in items 5, and (g) of Annex I, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the PMHL Land (B.C.) described in item 5(e) of Annex I, conditional water licence CL62085 and the rights of the holder of the conditional water licence to enter on the land and to maintain, repair and operate any works permitted on the land under the licence on the date the Order in Council (Land) is made. 17. With respect to the PMHL Land (B.C.) described in items 5(d) and (e) of Annex I, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No. 4; and statutory right of way registered in favour of Rogers Wireless Inc. under number EJ With respect to the PMHL Land (B.C.) described in item 5(h) of Annex I, statutory right of way registered in favour of Rogers Wireless Inc. under number EJ With respect to the PMHL Land (B.C.) described in item 5(e) and (f) of Annex I, right of way registered in favour of British Columbia Hydro and Power Authority under number G. 20. With respect to the PMHL Land (B.C.) described in item 5(i) of Annex I, non-expiring Land Act right of way issued to British Columbia Hydro and Power Authority by Order in Council 246/72 for a submerged power line. 21. With respect to the PMHL Land (B.C.) described in items 6 and of Annex I, right of way registered in favour of British Columbia Hydro and Power Authority under number G; and easement registered under number G.

10 22. With respect to the Provincial Park described in item 3 of Annex K, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the Provincial Park described in item 3(e) of Annex K, notation as to annexed easement G over a 10 foot strip of Lot 1, Plan With respect to the Provincial Park described in item 3(f) of Annex K, notation as to permit under Part 29 of the Local Government Act; and undersurface rights registered in favour of the Director of Soldier Settlement under number M With respect to the Provincial Park described in item 3(i) of Annex K, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the Provincial Park described in item 6 of Annex K, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the Provincial Protected Area described in items 1, and (d) of Annex L, undersurface rights registered in favour of Ralph Meredyth Turton under number G (transferred to EF17298); and undersurface rights registered under number EF17298 (being a forfeiture under the Mineral Land Tax Act). 28. With respect to the Provincial Protected Area described in item 3 of Annex L, statutory reservations made by Orders in Council 1599/58, 1606/58 and 1611/58 (minerals, coal, petroleum and natural gas reserved). 29. With respect to the Provincial Protected Area described in items 4 and (d) of Annex L, non-expiring Land Act right of way issued to Canada (Department of Transport) by Order in Council 802/54 for electric power line. 30. With respect to the Provincial Protected Area described in item 4 of Annex L, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No With respect to the Provincial Protected Area described in item 4 of Annex L, notation as to the Agricultural Land Commission Act, see Agricultural Land Reserve Plan No. 4; and federal works encroaching on the land with respect to the navigational aid site located on adjacent land (such adjacent land being Parcel Identifier )

11 32. With respect to the Provincial Protected Area described in item 4(e) of Annex L, right of way registered in favour of Canada under number G. 33. With respect to the Provincial Protected Area described in item 4(f) of Annex L, nonexpiring Land Act right of way issued to Canada (Department of Transport) by Order in Council 802/54 for electric power line. 34. All encumbrances created by Canada over the Adjacent Submerged Land, the Provincial Land and the Provincial Protected Areas after the Order in Council (ELUC) is made."; (z) item 5(g) of Annex I is amended by inserting the words "and except part in Plan 42951" after the words "6 chains thereof'; (aa) item 6 of Annex K is deleted and replaced with the following: " No Parcel Identifier The west 1/2 of the northwest 1/4, Section 3, Saturna Island, Cowichan District, Shown on Plan DD 73390I;"; (bb) item 1 and are deleted from Annex L and replaced with the following: " Parcel Identifier Lot 1, Section 21, Pender Island, Cowichan District, Plan 14611; Parcel Identifier The Fractional south east 1/4 of Section 21, Pender Island, Cowichan District; and (d) Parcel Identifier Lot 2, Sections 5 and 21, Pender Island, Cowichan District, Plan " (cc) Annex Q is amended by deleting the words "the Province" and replacing them with the words "British Columbia". 2. Notwithstanding the date of execution of this Agreement, it is deemed to take effect on March 18, Except as amended by this Agreement, the NPEA is ratified and confirmed. 4. Time is of the essence of this Agreement and remains of the essence of the NPEA as amended by this Agreement. IN WITNESS WHEREOF this Agreement has been executed as of the date first written above. 11

12 SIGNED by the Chief Executive Officer of the Parks Canada Agency for the Minister of Environment on behalf of HER MAJESTY THE QUEEN RIGHT OF CANADA in the presence of Chief Executive Officer of the Parks Canada Agency for the Minister of Environment SIGNED by the Minister of Water, Land and ) Air Protection or his authorized representative ) on behalf of HER MAJESTY THE QUEEN ) RIGHT OF THE PROVINCE OF ) BRITISH COLUMBIA in the presence of ) ) ) ) Minister of Water, Land and Air Protection ) or his Authorized Representative