Page 1.
IH/5 P.C.1444. Replaced by PC 5588, 3-11 49 3
AT THE GOVERNMENT HOUSE AT OTTAWA
Friday the 24th day of September, 1926
PRESENT:
HIS EXCELLENCY
THE GOVERNOR GENERAL IN COUNCIL:
WHEREAS the Acting Minister of the Interior reports that it is considered advisable to make certain alterations in the boundaries of the Wood Buffalo Park as established by proclamation under authority of Order in Council dated the 18th day of December, 1922, (P.C. 2498) as amended by Order in Council of the 30th day of April, 1926, (P.C. 634) by extending the boundaries of the Park southward in order to afford additional grazing area;
THEREFORE HIS Excellency the Governor
General in Council, on the recommendation of the Acting Minister of the Interior is pleased to order follows:
That portion of the Order in Council dated the 18th day of December, 1922 (P.C. 2498) describing the lands in the Wood Buffalo Park is hereby rescinded;
The Order in Council of the 30th day of April, 1926, (P.C. 634) describing the lands in the Wood Buffalo Park and amending the Regulations respecting game in the Dominion Parks, etc., is hereby rescinded in total.
Page 2. P.C. 1444
The following lands shall be, by proclamation, designated a Dominion Park to be and to be known as the ‘Wood Buffalo Park’.
All and singular that certain parcel or tract of land lying and being partly in the North West Territories and partly in the Province of Alberta, and more particularly described, as follows: Commencing at the intersection of the sixtieth (60) parallel of north latitude, being the boundary between the Province of Alberta and the North West Territories, with the centre of the main channel of Salt River; thence westerly along the said sixtieth (60) parallel of north latitude to its intersection with the centre of the main channel of Little Buffalo river; thence following downstream the centre of the main channel of the said Little Buffalo river to its junction with the centre of the main channel of Nyarling river; thence following upstream the centre of the main channel of the said Nyarling river to its intersection with the thirty-fourth (34) base line of the Dominion Lands Survey system, being the north boundary of township one hundred and thirty-two (132); thence westerly along the said thirty-fourth (34) base line to its intersection with the east boundary of range ten (10) west of the fifth (5) initial meridian of the Dominion Lands Survey system; thence southerly along the said east boundary of range ten (10) west of the said fifth (5) meridian to its intersection with the thirty-first (31) base line of the Dominion Lands Survey system, being the north boundary of township one hundred and four (104); thence easterly along the said twenty-seventh (27) base line to its intersection with the centre of the main channel of Athabaska River; thence following downstream the said centre of the main channel of Athabaska river to a point nearest the beginning or southern end of the main channel of Embarras river; thence in a direct line to the centre of the said main channel of Embarras river at its southern end; thence following downstream the centre of the main channel of the said Embarras westerly by a direct line to the nearest point on low water mark on the southerly or westerly shore of said lake Athabaska; thence westerly and northly following the said low water mark of the southerly and westerly shore of lake Athabaska to a point nearest the beginning or southern end of the main channel to the stream known as riviere des Rochers; thence easterly in a direct line to the centre of the said main channel of reiviere des
Page 3. P.C. 1444
Rochers at its southern and; thence following downstream the centre of the said main channel of riviere des Rochers to a point nearest the centre of the main channel of Slave river; thence westerly in a direct line to the centre of the said main channel of Slave river; thence following downstream the said centre of the main channel of Slave river to its intersection with the thirty-second (32) base line of the Dominion Lands Survey system being the north boundary of township one hundred and twenty-four (124); thence westerly along the said thirty-second (32) base line to its intersection with the centre of the main channel of Salt river; thence following downstream the said centre of the main channel of Salt river to the point of commencement; excluding thereout and therefrom all islands in the Slave river within the above described boundary; the whole containing by admeasurement an area of approximately 17,300 square miles be the same more or less;
His Excellency in Council is further Pleased to amend the Regulations respecting Game
In Dominion Parks, as approved by Order in Council, Dated the 1st December, 1919, (P.C. 2415), and they are hereby amended insofar as they apply to the Wood Buffalo Park, by adding thereto the following clause:
28. The Superintendent of the Wood Buffalo Park may issue permits to those Treaty Indians, who, previous to the establishment of the Wood Buffalo Park, had to hunt and trap in the said park during the time that hunting and trapping is lawful in the Province or district outside the park, subject to the observance by the permittee of all regulations for the control and management of the park now, or hereafter, in force, and to any terms, conditions and stipulations specified in the permits. The provisions of Sections 11 and 12 of the Park Game Regulations, relating to the sealing of fire arms, shall not be applicable to the said permittees during the open season for hunting and trapping. The Superintendent of the Wood Buffalo Park may issue permits to any persons, who, previous to the passing of this Order in Council, had hunted and trapped within that portion of the park lying south of the Peace River, to hunt and trap in that portion of the park lying south of the Peace River during the time that hunting and trapping is lawful in the Province or district outside the park, subject to the observance by the permittee to all the observance by the permittee of all regulations for the control and management of the park now, or hereafter, in force, and to any terms, conditions and stipulations specified in the permits. The provisions of Sections 11 and 12 of the Park Game Regulations, relating to the sealing of fire arms, shall not be applicable To the said permittees.
His Excellence in Council is further Pleased to amend the Regulations of the National parks in Canada, as approved by the order in Council of the 21st, June, 1909, (P.C. 1340), and re-established under the provisions of the Dominion Forests Reserves and Parks Act, dated 6th June, 1911, (P.C.1336), and they are hereby amended by adding the following clause after Clause 21 thereof:
21. (a) No person shall enter the Wood Buffalo Park unless he holds a permit From the Superintendent of the Park authorizing his entry to the said Wood Buffalo Park; and any person found within the park boundaries without the necessary permission from the Superintendent, maybe be summarily removed from the park by the order of the Superintendent.
Approved
[Signature]
CSF/MGA. 349-5.
DEPARTMENT OF THE INTERIOR
CANADA
NORTH WEST TERRITORIES AND YUKON
OTTAWA
16th June, 1926
MEMORANDUM:
Mr. R. A. Gibson,
Acting Deputy Minister,
Dept. of the Interior.
I am submitting herewith a Memorandum to Council rescinding the description of the Wood Buffalo Park and substituting a new one. The new description embraces the area south of the Peace River, which it was decided by the Minister, and the Deputy minister, to add to the Park.
In describing the Park in a former Memorandum to Council, the northwest corner was purposely omitted. This corner was separated from the main Park by a large river and lake and as it could not very well be administered with the rest of the Park, it was considered advisable to leave it out entirely.
After the Memorandum had passed Council (P.C. 634 – 30th April, 1926) it was submitted to the Department Solicitor to take the necessary steps to have it “proclaimed” in the official Gazette. He in turn took it up with the Department of Justice and after going into the question thoroughly, the opinion was expressed that under the Dominion Forests Reserves and Parks Act, and area could be added to a Park but could not be taken from it. The Justice Department recommended that the Order-in-Council of the 30th April, 1926, P.C. 634, be rescinded and that a new one be substituted, including in the description the small area on the northwest corner formerly omitted. The Memorandum to Council attached is the substituted one. The description which was carefully prepared in my office was checked and initialled by the Legal Adviser, and by the Director General of Surveys. The whole Memorandum was carefully read by the Departmental Solicitor and the triplicate copy which remains on our file was initialled by him.
As there has been considerable staking of mineral claims on the islands in the Slave River we have specially exempted these islands from the Park. This was done after the matter had been taken up with Mr. McDougal and Mr. Rowatt. A copy of the blue line print, indicating the boundaries of the Park, is attached. It also shows, in red the area left out of last Order-in-Council, but which is included in this one.
By this Memorandum to Council all Treaty Indians who formerly hunted and trapped in the Park will be allowed to continue to do so, but must first secure a permit from the Park Superintendent. In the new area south of the river, whites and half-breeds, who formerly hunted and trapped there will also be allowed to continue, but must first secure a permit from the Park Superintendent. When the resident of Fort Chipewyan forwarded a Memorial to the Minister recommending that no extension be made to the Park they could not have understood that they might continue to enjoy the privileges formerly enjoyed. This Order-in-Council will practically make a monopoly for them. They may continue to hunt and trap, but no new-comers will be allowed to do so.
O.S. Finnie
OFFICE OF
THE DEPUTY MINSTER OF THE INTERIOR
OTTAWA CANADA
Memorandum; -
I understand that it is your intention to deal with the attached memorandum re Wood Buffalo Park on Saturday morning. In case it may be of use, I am appending a copy of the Order in Council which created Wood Buffalo Park, also a copy of the Order in Council which made the addition to the South.
The attached recommendation is designed to rectify the second Order in Council which purported to delete a small area in the North West corner of the Park, whereas there was no authority for this particular action. We must have the Order-in-Council correctly worded as it is to form the basis of a proclamation.
Respectfully submitted,
[signature]
The Honourable R.B. Bennett N.C.
Acting Minister of the Interior.