Marginal note:Amendment of park descriptions

• 38. (1) Notwithstanding subsection 5(2) and section 13, the Governor in Council may, by order,

  • (a) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park any lands in the vicinity of Garden River in the province of Alberta that may be required for the establishment of an Indian reserve;

  • (b) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1, in accordance with an agreement between Canada and the Salt River First Nation or with any first nation formed from the division of that First Nation, for the purpose of withdrawing from that Park any lands that may be required for purposes of entitlement to land under Treaty Number Eight between Her Majesty the Queen and the Cree, Beaver, Chipewyan and other Indians;

  • (c) amend or replace the description of Riding Mountain National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park the east half of Section 8 in Township 20, Range 19, for purposes of settling a claim of the Keeseekoowenin Band; or

  • (d) amend or replace the description of Wapusk National Park of Canada in Schedule 1, in accordance with the agreement between Canada and Manitoba respecting the establishment of that Park, for the purpose of withdrawing from the Park any lands that may be required for purposes of entitlement to land under

    • (i) Treaty Number Five between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Berens River, or

    • (ii) the Northern Flood Agreement concluded on December 16, 1977 between Canada, Manitoba, the Manitoba Hydro-Electric Board and the Northern Flood Committee, Inc.

• Marginal note:Lands not required

  (2) Lands withdrawn from Wood Buffalo National Park of Canada or Wapusk National Park of Canada pursuant to subsection (1) are declared to be no longer required for park purposes.

Marginal note:Application of Act to reserves

39. Subject to sections 40 to 41.1, this Act applies to a park reserve as if it were a park.

Marginal note:Aboriginal resource harvesting

40. The application of this Act to a park reserve is subject to the carrying on of traditional renewable resource harvesting activities by aboriginal persons.

Marginal note:Agreement re Gwaii Haanas

• 41. (1) The Governor in Council may authorize the Minister to enter into an agreement with the Council of the Haida Nation respecting the management and operation of Gwaii Haanas National Park Reserve of Canada.

• Marginal note:Resource harvesting and cultural activities

  (2) For the purpose of implementing an agreement referred to in subsection (1), the Governor in Council may make regulations, applicable in the Gwaii Haanas National Park Reserve of Canada, respecting the continuance of traditional renewable resource harvesting activities and Haida cultural activities by people of the Haida Nation to whom subsection 35(1) of the Constitution Act, 1982 applies.

• Marginal note:Additions to reserve

  (3) Pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests in or to the Gwaii Haanas Archipelago, the Governor in Council may, by order, alter the description of Gwaii Haanas National Park Reserve of Canada in Schedule 2 for the purpose of adding to the Reserve any portion of the Gwaii Haanas Archipelago as described in Schedule VI to the National Parks Act, chapter N-14 of the Revised Statutes of Canada, 1985, as that Act read immediately before its repeal.

• Marginal note:Non-application of section 7

  (4) Section 7 does not apply in relation to the enlargement of Gwaii Haanas National Park Reserve of Canada in accordance with subsection (3).