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Cains Mountain Wilderness Area Designation

made under subsection 11(3) of the

Wilderness Area Protection Act

S.N.S. 1998, c. 27

O.I.C. 2015-405 (December 29, 2015), N.S. Reg. 405/2015


Order approved by O.I.C. 2015-405

I, Randy Delorey, Minister of Environment for the Province of Nova Scotia, pursuant to clause 11(3)(a) of Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land near Washabuck River in Victoria County, with approximate boundaries as shown on the map attached as Appendix A, as a wilderness area to be known as Cains Mountain Wilderness Area.


The actual boundaries of Cains Mountain Wilderness Area 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, as required by subsection 11(3) of the Act, 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, except for the following portions of land (individually referred to in this Order as “excepted portion of land”):

 

       (a)    any portion of the land that was formerly subject to either of the following exploration licences:

 

                (i)     exploration licence number 06412 issued to Frontline Gold Corporation under the Mineral Resources Act,

 

                (ii)    exploration licence number 05726 issued to Merrex Gold Incorporated under the Mineral Resources Act;

 

       (b)    any portion of the land that is now or was formerly subject to any of the following mineral rights (individually referred to in this Order as “existing mineral right”) or any valid continuation of the mineral right granted by the existing mineral right:

 

                (i)     non-mineral registration MP0004 issued to Little Narrows Gypsum Company or its successor or approved transferee under the Mineral Resources Act,


[Note: original text does not include subclause (ii).]

 

                (iii)  exploration licence number 06221 issued to Merrex Gold Incorporated or its successor or approved transferee under the Mineral Resources Act;

 

       (c)    any portion of the land that is subject to an existing mineral right issued under the Mineral Resources Act that becomes subject to a subsequent exploration licence within 1 year following the surrender, abandonment, forfeiture, expiration, cancellation or termination of the existing mineral right or any valid continuation of the existing mineral right, or any valid continuation of the mineral right granted by the subsequent exploration licence.


With respect to any portion of an excepted portion of land, this designation is effective on and after the date the Minister of Environment publishes a notice in the Royal Gazette Part I to that effect, which shall be done in accordance with the following:

 

       (a)    for any portion of an excepted portion of land that was formerly subject to exploration licence number 06412 issued to Frontline Gold Corporation under the Mineral Resources Act or exploration licence number 05726 issued to Merrex Gold Incorporated under the Mineral Resources Act,

 

                (i)     if no subsequent exploration licence is issued under the Mineral Resources Act for that portion of the excepted portion of land within 1 year following the date of the Order in Council approving this designation, the notice shall be published following the end of that 1-year period,

 

                (ii)    if a subsequent exploration licence is issued under the Mineral Resources Act for that portion of the excepted portion of land within 1 year following the date of the Order in Council approving this designation, the notice shall be published following the date that the subsequent exploration licence or any valid continuation of the mineral right granted by that subsequent exploration licence no longer applies to that portion of the excepted portion of land as a result of the surrender, abandonment, forfeiture, expiration, cancellation or termination of that subsequent exploration licence or continued mineral right;

 

       (b)    for any portion of an excepted portion of land that is or was formerly subject to an existing mineral right or any valid continuation of that existing mineral right,

 

                (i)     if no subsequent exploration licence is issued under the Mineral Resources Act for that portion of the excepted portion of land within 1 year following the surrender, abandonment, forfeiture, expiration, cancellation or termination of the existing mineral right or valid continuation of that existing mineral right, the notice shall be published following the end of that 1-year period,

 

                (ii)    if a subsequent exploration licence is issued under the Mineral Resources Act for that portion of the excepted portion of land within 1 year following the surrender, abandonment, forfeiture, expiration, cancellation or termination of the existing mineral right or valid continuation of that existing mineral right, the notice shall be published following the date that the subsequent exploration licence or any valid continuation of the mineral right granted by that subsequent exploration licence no longer applies to that portion of the excepted portion of land as a result of the surrender, abandonment, forfeiture, expiration, cancellation or termination of that subsequent exploration licence or continued mineral right.


Dated and made at Halifax Regional Municipality, Province of Nova Scotia, December 1, 2015.

 

sgd: Randy Delorey
Honourable Randy Delorey
Minister of Environment


Appendix A

Map Showing Approximate Boundaries of

Cains Mountain Wilderness Area

Approximate boundaries of Cains Mountain Wilderness Area