PC Number: 2004-0555
Date: 2004-05-04
Whereas Her Majesty in right of the Province of Alberta
(the “Province”) is empowered by the Public Works Act,
R.S.A. 2000, c. P-46, to take lands or an interest in lands without the consent of the owner for the purpose of a highway and public utilities;
And whereas the Province requires certain lands
(the “lands”) in Utikoomak Lake Indian Reserve No. 155 described as all that portion of a road dealt with by Plan 70655 in the Canada Lands Surveys Records at Ottawa (registered in the Land Titles Office at Edmonton as number 862-2931), containing 20.3 hectares (50.2 acres) more or less, excepting thereout all mines and minerals, for the purpose of a highway and public utilities, and with the intention that the Lands be removed from reserve status;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, hereby
(a) pursuant to subsection 35(1) of the Indian Act, consents to the exercise by the Province of the power to take the lands without the consent of the owner, subject to the terms set out in paragraph (b); and
(b) pursuant to subsection 35(3) of the Indian Act, in lieu of the Province taking the lands, authorizes the transfer of administration and control of the lands to the Province, subject to the following terms:
(i) the taking or transfer of the lands shall not include any mines or minerals, precious or base metals, whether solid, liquid or gaseous, including any coal, petroleum, and any gas or gases, which may be found in, under or upon the lands;
(ii) in respect of any such mines and minerals owned by Her Majesty in right of Canada (“Canada”), the lands shall be subject to a right of entry by Canada or any person acting under the authority of Canada, to enter upon the lands or any part thereof to explore for and
develop the mines and raise and extract the minerals and to use and enjoy every part of the lands, and their easement and privileges, for any of those purposes and every other related purpose, provided that the exercise of the right of entry does not interfere with the use of the lands for the purposes set out in subparagraph (iii),
(iii) the lands shall be used for the following purposes:
(A) any public right of access to and passage over the lands as a public road,
(B) the right to the Province of access to and passage over the lands, and
(C) the right of the Province to construct and maintain any public road and to maintain any existing utilities on the lands;
(iv) if the lands or any part of them cease to be used for the purpose of a highway and public utilities,
(A) the Province shall transfer to Canada, at no cost, the administration and control of the lands, as if the lands or that part had not been passed to the Province of Alberta under this Order, and
(B) Canada shall have the right, hereby reserved to Canada, in the case of any failure or default of the Province to transfer in accordance with clause (A), to resume, by the Order of the Governor in Council, the administration and control, as if the lands or that part had not been passed to the Province under this Order;
(v) the lands or any part of them, administration and control of which is transferred by the Province in accordance with clause (iv)(A) or resumed by Canada in accordance with clause (iv)(B) shall be in an environmentally sound condition, with that condition to be determined solely by Canada, and in this regard,
(A) Canada shall confirm its determination regarding the environmental condition of the lands or any part of them, in writing to the Province prior to that transfer, and
(B) any and all costs of any processes reasonably deemed necessary by Canada to determine the environmental condition of the lands or any part of them, or to restore the lands or any part of them to an environmentally sound condition, shall be paid by the Province prior to the transfer; and
(vi) the compensation for the transfer of the lands to the Province shall be $36,747.