Order in Council 1358/1985

BRITISH COLUMBIA

1358 APPROVED AND ORDERED Jit 271985

CI) Lieutenant Governor

EXLCUTIVE COUNCIL CHAMBERS, VICTORIA jut 26,1985

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the

Executive Council, orders that pursuant to the Klondike National Historic Park Act, the Provincial Secretary and Minister of Government Services be authorized to enter into an agreement in the attached form with the Government of Canada.

PROVINCIAL SECRETARY AND MINISTER OF GOVERNMENT SERVICES

/"\ PRESIDING MEMB F THE EXECUTIVE COUNCIL

(This part is for the records tithe Office if Legislattsr Counsel. and is not part of the Order)

Authority under which Order in made:

Actandsection Klondike National Historic Park Act — section 2

Other (specify)

• C • 4( LLy Examined by ' 1:11( 258 (OP 4033) (Slitn.ature and aped or printed name oudetignicd Atiorn,■ (knerai Examiner' 111

I A

AGREEMENT

THE GOVERNMENT THE GOVERNMENT OF THE 01 CANADA PROVINCE OF BRITISH COLUMBIA

REPRESENTED BY THE REPRESENTED BY THE MINISTER OF THE ENVIRONMENT PROVINCIAL SECRETARY AND MINISTER 07 GOVERNMENT SERVICES

TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE BY CANADA OF THE CHILKOOT TRAIL NATIONAL HISTORIC PARK IN THE CASSIAR DISTRICT IN THE PROVINCE OF BRITISH COLOMBIA. THIS AGREEMENT made this day of ,1985.

BETWEEN;

THE GOVERNMENT OF CANADA, represented by the Minister of Environment

(hereinafter called "Canada")

OF THE FIRST PART

AND

THE GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Provincial Secretary and Minister of Government Services

(hereinafter called "British Columbia")

OF THE SECOND PART

WITNESSES THAT WHEREAS:

A. Canada and British Columbia are satisfied that the Park Land (hereinafter defined) is suitable to set aside as a national historic park;

B. British Columbia may, subject to the approval of the Lieutenant-Governor in Council, pursuant to the Klondike National Historic Park Act enter into an agreement with Canada to provide for the establishment and maintenance by Canada of the national historic park comprising the Park Land.

THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:

ARTICLE I- DEFINITIONS

1.01 In this agreement unless the context otherwise requires:

"Assessment Report" means the findings and results of the assessment referred to in section 7.02;

"Complementary Park Land" means the land designated as such by mutual written agreement of the Ministers;

"Corridor" means a strip of land not exceeding 1/4 of a mile in width crossing through the Park Land that is selected and located in accordance with Article VII and that is intended to be used by British Columbia or persons authorized by it for the purpose of constructing and maintaining highways, roads, rail lines, electric transmission lines, pipelines and other similar works;

"Cost of Acquisition" means, in reference to the acquisition of Park Land, including Complementary Park Land, all the expenses reasonably and properly incurred by British Columbia to acquire it, including without limitation:

survey costs,

(ii) appraisal costs, - 2

(iii) legal fees,

(iv) expenses incurred to determine compensation to ANN be paid to a vendor, and

(v) where the Park Land is acquired by exchange under the LAND ACT, the appraised value of it determined by an independent appraiser;

"Crown Land" means land that is vested in Her Majesty the Queen in right of the Province of British Columbia;

"Federal Minister" means the Minister of the Environment or his successor and includes any person authorized to act on his behalf for the purposes of this Agreement;

"Hydro Reserve" means the Park Land surrounding Lindeman Lake lying below the 2225 foot elevation contour;

"Management Plan" means the management plan referred to in section 9.01;

"Ministers" means the Federal Minister and the Provincial Minister;

"Non Vested Park Land" means,

(i) with respect to the Park Land shown outlined in red and described in Schedule "A", the land and interests in it that are not vested in Her Majesty the Queen in right of the Province of British Columbia as of the date of this Agreement; and

(ii) with respect to the Complementary Park Land, the land and interests in it that are not vested in Her Majesty the Queen in right of the Province of British Columbia as of the date of the designation of the Complementary Park Land by the Ministers in accordance with the definition thereof in this Agreement;

"Park Land" means the land shown outlined in red and described in Schedule "A" and the Complementary Park Land when designated as such by the Ministers in accordance with the definition herein of "Complementary Park Land";

"Surveyor-General" means the Surveyor-General of British Columbia;

"Utility Land" means the Hydro Reserve and other land identified by British Columbia under Article VIII for the purpose of constructing a hydro electric power development; and

"Vested Park Land" means,

(i) with respect to the Park Land shown outlined in red and described in Schedule "A", land vested in Her Majesty the Queen in right of the Province of British Columbia as of the date of this agreement free and clear of interests held by third parties (including licences of occupation) whether or not they are registered in the Land Title Office, and - 3 -

(ii) with respect to the Park Land which is comprised by the Complementary Park Land, land vested in Her said Majesty, as of the date of the designation by the Ministers of the Complementary Park Land in accordance with the definition thereof in this agreement, free and clear of interests held by third parties (including licences of occupation) whether or not they are registered in the Land Title Office.

ARTICLE II- PARK LAND BOUNDARY SURVEY

2.01 On the execution of this agreement, Canada shall, at its expense, prepare

(a) a boundary survey of the Park Land shown outlined in red and described in Schedule "A"; and

(b) boundary surveys of all parcels of Vested Park Land that lie within the outer boundaries of the Park Land referred to in paragraph (a) and in respect of which a certificate of indefeasible title has not been issued under the Land Title Act;

in compliance with the standards of the Surveyor-General and with any instructions issued by him or any other person acting under his authority.

2.02 On completion of the surveys referred to in section 2.01, Canada shall deliver copies of the plans to British Columbia.

2.03 When the Ministers have approved the survey plan of the boundary delivered under section 2.02, the lands shown in it shall constitute Park Land in substitution for the land shown outlined in red and described in Schedule "A".

ARTICLE III - TRANSFER OF VESTED PARK LAND TO CANADA

3.01 When the required boundary surveys of the Vested Park Land have been completed and delivered in accordance with Article II, British Columbia shall transfer the administration, control and benefit of such Vested Park Land to Her Majesty the Queen in right of Canada on the terms and conditions set forth in this Article.

3.02 The instrument transferring the administration, control and benefit of the land in question to Her Majesty the Queen in right of Canada shall be in the form of the instrument set out in Schedule "B" and the said transfer shall be made subject to the following:

(a) the condition that if the said land is not, within 10 years of the date of the instrument, set apart as a National Historic Park or as part of a National Historic Park under the laws of Canada, the administration and control of the said land shall be transferred to Her Majesty the Queen in right of the Province of British Columbia at no cost to British Columbia;

(b) the condition that if at any time the said land or any part thereof cease to be required for the purposes of a National Historic Park, notice of such cesser shall be given by the Federal Minister to the Provincial Minister, and thereafter the administration and control of the said land or part, as the case may be, shall be transferred to - 4 -

Her Majesty the Queen in right of the Province of British Columbia at no cost to British Columbia;

(c) the right of British Columbia to obtain a retransfer of the Corridor in accordance with Article VII of this Agreement and the right of British Columbia to obtain a retransfer of the Utility Land in accordance with Article VIII of this Agreement;

(d) any subsisting private interest that British Columbia is unable to acquire by reason of an unwilling vendor and which does not in the opinion of the Federal Minister affect the use of the said land for the purpose for which it is required; and

(e) the condition that the said transfer of administration, control and benefit of the said land to Her Majesty the Queen in right of Canada shall take effect as of the date of its acceptance by the Governor General in Council.

3.03 A transfer of administration and control of land to Her Majesty the Queen in right of Canada shall be made free and clear of any and all private interests except any private interest which British Columbia is unable to acquire because of an unwilling vendor which does not in the opinion of the Federal Minister affect the use of the land for the purpose for which it is required.

ARTICLE IV - NON VESTED PARK LAND

4.01 On the execution of this agreement, British Columbia shall expeditiously acquire all of the Non Vested Park Land by purchase or exchange under the Land Act.

4.02 When British Columbia acquires a parcel of Non Vested Park Land, it shall transfer the administration, control and benefit of it to Her Majesty the Queen in Right of Canada.

4.03 Sections 3.02 and 3.03 apply to a transfer under this Article mutatis mutandis.

4.04 In consideration for the transfer of the administration, control and benefit of a parcel of Non Vested Park Land, Canada shall pay to British Columbia an amount equal to the Cost of Acquisition of the parcel.

4.05 British Columbia shall use its best efforts to acquire the Non Vested Park Land and complete the transfers contemplated in this Article within 18 months of the date of this agreement and shall thereafter continue to use its best efforts to acquire the Non Vested Park Land that it is unable to acquire within the 18 month period.

ARTICLE V - COMPLEMENTARY PARK LAND (VESTED)

5.01 Where Complementary Park Land is designated as such by mutual written agreement of the Ministers and is, at the time it is so designated, vested in Her Majesty the Queen in right of the Province of British Columbia, British Columbia shall transfer the administration, control and benefit of that Complementary Park Land to Her Majesty the Queen in Right of Canada.

5.02 The obligation of British Columbia under section 5.01 is subject to the condition that Canada shall have, at - 5 -

its expense, prepared boundary surveys of the Complementary Park Land in compliance with the Standards of the Surveyor-Genral or any instructions issued by him or under his authority.

5.03 Sections 3.02 and 3.03 apply to a transfer under this Article. ARTICLE VI - COMPLEMENTARY PARK LAND (NON VESTED)

6.01 Where Complementary Park Land is designated as such by mutual written agreement of the Ministers and is not, at the time it is so designated, vested in Her Majesty the Queen in right of the Province of British Columbia, British Columbia shall expeditiously acquire the Complementary Park Land by purchase or exchange under the Land Act.

6.02 When British Columbia acquires a parcel of Complementary Park Land, it shall transfer the administration, control and benefit of it to Her Majesty the Queen in Right of Canada.

6.03 Sections 3.02 And 3.03 apply to a transfer under this Article.

6.04 In consideration for the transfer of the administration, control and benefit of a parcel of Complementary Park Land under this Article, Canada shall pay to British Columbia an amount equal to the Cost of Acquisition of the parcel.

6.05 Section 4.05 applies to an acquisition under this Article except for the purposes of such application the words "the designation of the Complementary Park Land by the Ministers in accordance with the definition thereof herein" shall be substituted for the words "the date of this agreement" where the latter appear in said section 4.05. ARTICLE VII - CORRIDOR

7.01 Where British Columbia intends to exercise its right to obtain a retransfer of the administration, control and benefit of the Corridor, it shall give Canada written notice of such intention.

7.02 Before British Columbia selects the location of the Corridor, Canada and British Columbia shall, at the expense of Canada, jointly undertake an environmental, historical, cultural and recreational assessment of the comparable impact of alternative Corridor locations.

7.03 In selecting the location of the Corridor, British Columbia shall

(a) give due consideration to the finding of the Assessment Report (so long as it has been prepared within 2 years of the date of the notice given under section 7.01); and

(b) consult with Canada and make all reasonable efforts to select a location for the Corridor that minimizes any detrimental impact to the Park Land.

7.04 When British Columbia has selected the location of the Corridor, it shall - 6 -

(a) prepare, at its expense, a boundary survey of the Corridor in compliance with the standards of the Surveyor-General of Canada and with any instructions issued by him or any other person acting under his authority;

(b) pay to Canada an amount equal to the sum of

(i) money paid to British Columbia for the Cost of Acquisition of Non Vested Park Land comprised in the Corridor, and

(ii) money expended by Canada to improve the Park Land comprised in the Corridor.

7.05 On the completion of the survey and on payment of the money under Section 7.04, Canada shall

(a) exclude the Corridor from the National Historic Park; and

(b) transfer the administration and control of the Corridor to Her Majesty the Queen in Right of the Province of British Columbia.

7.06 British Columbia and Canada shall share the cost of all remedial measures that are necessary to minimize the detrimental impact to the Park Land of works and undertakings in the Corridor and the nature of the extent of the remedial measures that are required and the apportionment of the costs of them shall be determined by mutual agreement of the Ministers.

ARTICLE VIII - UTILITY LAND

8.01 British Columbia may, on giving 3 months written notice to Canada, enter on the Park Lands for the purpose of conducting surveys, tests, engineering and feasibility studies and other related activities incidental to the planning of a hydro-electric power development on the Utility Land and this section constitutes the authority for British Columbia to do so.

8.02 Where British Columbia requires the Utility Land, it shall, at its expense, prepare a boundary survey of the Utility Land in compliance with the standards of the Surveyor-General of Canada and with any instructions issued by him or any other person acting under his authority and deliver a copy of the plan to Canada.

8.03 In consideration for the transfer contemplated in this Article, British Columbia shall pay to Canada an amount equal to the sum of

(a) money paid to British Columbia for the Cost of Acquisition of Non Vested Park Land comprised in the Utility Land; and

(b) money expended by Canada to improve the Park Land comprised in the Utility Land.

8.04 When the boundary survey referred to in section 8.02 is delivered to Canada and on the payment of the money under 8.03, Canada shall

(a) exclude the Utility Land from the National Historic Park; and - 7 -

(b) transfer the administration and control of the Utility Land to Her Majesty the Queen in the Right of the Province of British Columbia.

8.05 Both before and during the construction of a hydro-electric power project on the Utility Land, British Columbia shall

(a) consult and co-operate with Canada to minimize the detrimental impact of works related to the project upon the environmental, historical, cultural and recreational resources and improvements in the Park Land; and

(h) co-operate with Canada, at the cost of Canada, to protect the environmental, historical, cultural and recreational resources and improvements in the Park Land that are affected by the raising of the water level of the Lindeman water system for the said hydro electric project.

ARTICLE IX - MANAGEMENT PLAN

9.01 Canada shall within 18 months of the date of this agreement prepare a Management Plan that contains at least

(a) a conceptual plan for the development of the Park Land (other than the Complementary Park Land) describing and showing the location of all facilities to be constructed;

(b) a conceptual plan for the development of the Complementary Park Land showing the approximate location of each parcel and describing the nature of the facilities to be constructed;

(c) a statement of the total estimated cost of develop- ing the Park Land, including the Complementary Park Land, in sufficient detail to identify the estimated costs attributable to each facility to be constructed;

(d) a schedule of estimated construction and completion dates; and

(e) a management plan for the operation of the National Historic Park and such matters and things relative to the operation of the National Historic Park as Canada may deem necessary.

9.02 Canada shall bear the cost of preparing and implemen- ting the Management Plan.

ARTICLE X - EXPLOITATION OF NATURAL RESOURCES

10.01 Neither Canada nor British Columbia shall exploit or permit to be exploited the natural resources in the Park Land.

10.02 Save and except for a hydro-electric power development constructed on the Utility Land or on any Crown Land adjacent to any Park Land, British Columbia shall not construct or permit to be constructed any work or improvement that alters the flow or impairs the quality of water in or flowing through, on, or under any Park Land.

ARTICLE XI - MISCELLANEOUS

11.01 British Columbia shall co-operate and consult with - 8

Canada concerning the development of, or any activity in, Crown Land within one-half mile of the international boundary adjacent to the White Pass unit of the Klondike Gold Rush National Historical Park in the State of Alaska.

11.02 If the performance of any of its obligations to Canada hereunder requires the Province to reasonably and properly incur costs for which this agreement contains no provision for reimbursement by Canada, the Federal Minister and the Provicial Minister may by agreement in writing provide for the payment of such unforeseen costs by Canada or for the reimbursement of the Province by Canada of such unforeseen costs and the Province may in the absence of such an agreement decline to perform the obligation.

11.03 Subject to section 4.05, where British Columbia is unable to acquire by purchase or exchange

(a)any parcel of Non Vested Park Land or interest in it held by a third party;

(b)any parcel of Complementary Park Land that is not vested in the Province or any interest in the Complementary Park Land held by a third party;

by reason of an unwilling vendor, British Columbia shall be deemed not to be in default of its obligation to transfer the administration, control and benefit of that Park Land or Complementary Park Land to Her Majesty the Queen in Right of Canada.

11.04 Where, by reason of an unwilling vendor, British Columbia transfers the administration, control and benefit of Park Land or Complementary Park Land to Her Majesty the Queen in Right of Canada subject to an interest in it held by a third party, Canada shall, subject to section 3.03, assume, observe and perform the obligations of British Columbia to the third party set forth in the instrument that created the interest.

11.05 No member of the House of Commons shall be admitted to any share or part of this agreement or to any benefit arising from it.

11.06 The parties shall execute such other instruments and give such other assurances as may be necessary to give effect to the transactions contemplated herein.

11.07 Any notice required to be given under this agreement shall be sufficiently given if delivered or mailed by prepaid registered mail addressed as follows:

(a)to Canada;

c/o Minister of the Environment Parliament Buildings Ottawa, Ontario

(b) to British Columbia:

c/o Provincial Secretary and Minister of Government Services Parliament Buildings Victoria, British Columbia

or at such other address as either party may from time to time specify by notice in writing to the other, and if mailed, the notice shall be deemed to have been - 9 -

received seven days after the day of mailing in compliance with this section.

11.08 An Order-in-Council pursuant to section 3 of the Klondike National Historic Park Act is required in each case for the transfer of the administration and control of any Park Land to Her Majesty the Queen in Right of Canada and a transfer by the Province will take effect as of the date of its acceptance by the Governor in Council. An Order-in-Council pursuant to section 4(2) of the Public Lands Grant Act is required to retransfer the administration and control of the Utility Land, the Corridor and the Park Land to Her Majesty the Queen in Right of the Province.

11.09 The obligations of Canada hereunder to pay or expend money are notwithstanding any other provisions of this agreement, subject to the Financial Administration Act and the appropriation and allocation of funds.

ARTICLE XII - INTERPRETATION

12.01 In this agreement, the singular includes the plural, and the masculine includes the feminine gender and a corporation, unless the context otherwise requires.

12.02 The headings in this agreement are inserted for convenience of reference only and are not intended to describe, define or limit the scope, extent or intent of this agreement or any provision of it.

IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written.

SIGNED, SEALED AND DELIVERED ) by the Minister of the ) Environment or his duly ) authorized representative on ) behalf of The Government of ) Canada in the presence of: ) ) ) ) )

SIGNED, SEALED AND DELIVERED ) by the Provincial Secretary ) and Minister of Government ) Services or his duly authorized) representative on behalf of The) Government of the Province of ) British Columbia in the ) presence of: ) ) ) ) ) ) ) ) ) SCHEDULE 'A"

DESCRIPTION OF PROPOSED CHILKOOT TRAIL NATIONAL HISTORIC PARK

In British Columbia;

in the Cassiar Land District;

that parcel of land according to edition 2 of the National Topographic Series Maps of White Pass - 104M/11 East, Warm Creek 104M/10 West, Homan Lake 104M/14 East and Tutshi Lake 104M/15 West produced at a scale of 1:50,000 by the Army Survey Establishment, R.C.E. Ottawa;

also according to edition 3 of said series map of Skagway 104/M produced at a scale of 1:250,000 by said Establishment R.C.E. Ottawa;

also according to plan number 668c in the Land Registry Office at Prince Rupert, British Columbia;

all monuments referred to in the foregoing description have their records in the Topographic Survey Division of the Surveys and Mapping Branch of the Department of Energy, Mines and Resources, Ottawa;

said parcel being more particularly described as follows:

Commencing at Survey Monument number 120, on the Canada/ United States International Boundary;

thence southeasterly along said boundary a distance of 1000 metres;

thence in a general northeasterly direction following the southerly boundary of the watershed of Lindeman Lake to Survey Monument Fraser, being at elevation 5610 feet according to said map of White Pass;

thence northeasterly in a straight line along said elevation to a point on the most northeasterly contour line of said elevation at approximate latitude 59'44'50" and approximate longitude 135.00';

thence on a bearing of N58.00E to a point on the contour line of elevation 3000 feet according to said map of Warm Creek;

thence due East along a straigth line to its intersection with the northerly limit of the Carcross-Skagway Road at approximate latitude 59.45'25";

thence northerly along said limit to its intersection with the westerly limit of the White-Pass and Yukon Railway right-of-way;

thence in a general westerly and northerly direction following said limit to its intersection with a line running Last-West, as said line is made to pass through Survey Monument Bennett S.b.;

thence due West along said line and across an unnamed channel to its intersection with the shoreline of Bennett Lak,3,

i a general northwesterly direction following the sinuo.sil.los of the shoreline of said lake, crossing at their mouths 1.he- Belle (shown as Lindeman Creek on said Map of Homan La•e) and Homan Rivers, to its intersection with the north bouLc!lry of Lot 31 according to said plan 668c; - 2

thence following said north boundary to the northwest corner of said lot 31;

thence due West a distance of 2000 metres to a point;

thence on a bearing S35°00'W, a distance of 6000 metres more or less to a point on the northerly boundary of the watershed of said Lindeman Lake;

thence generally westerly following said boundary to the mount peak at approximate latitude 50° 48'40" and approximate longitude 135°08'05";

thence southwesterly in a straight line to a point on contour 5,200 feet at longitude 135° 08'40";

thence generally southerly following the ridge to the head of an unnamed creek, said creek head being at approximate latitude 59°47'50" and approximate longitude 135°08'50";

thence generally southerly following said creek to its intersection with Lindeman Creek;

thence generally southwesterly following said creek along the branch that leads to Mountain Lake;

thence southwesterly following the northwesterly shoreline of said lake to a point on the limit of the sand or gravel formation at approximate latitude 59°46'10" and approximate longitude 135° 11'15";

thence generally southwesterly following the limit of said gravel formation to its intersection with said Lindeman Creek;

thence in a general southwesterly direction following said creek to its most southerly head at approximate latitude 59°42'35" and approximate longitude 135° 16'30";

thence southwesterly in a straight line to its intersection with said Canada/United States International Boundary, said straight line being perpendicular to said boundary;

thence generally southeasterly along said boundary to the point of commencement.

Said parcel including therein all mines and minerals. SCHEDULE "A"

DESCRIPTION OF PROPOSED CHILKOOT TRAIL NATIONAL HISTORIC PARK

In British Columbia;

in the Cassiar Land District;

also according to edition 3 of said series map of Skagway 104/M produced at a scale of 1:250,000 by said Establishment R.C.E. Ottawa;

also according to plan number 668c in the Land Registry Office at Prince Rupert, British Columbia;

said parcel being more particularly described as follows:

Commencing at Survey Monument number 120, on the Canada/ United States International Boundary;

thence southeasterly along said boundary a distance of 1000 metres;

thence northeasterly in a straight line along said elevation to a point on the most northeasterly contour line of said elevation at approximate latitude 59'44'50" and approximate longitude 135'00';

thence on a bearing of N58'00E to a point on the contour line of elevation 3000 feet according to said map of Warm Creek;

thence due East along a straigth line to its intersection with the northerly limit of the Carcross-Skagway Road at approximate latitude 59'45'25";

thence northerly along said limit to its intersection with the westerly limit of the White-Pass and Yukon Railway right-of-way;

thence in a general westerly and northerly direction following said limit to its intersection with a line running East-West, as said line is made to pass through Survey Monument Bennett S.H.;

thence due West along said line and across an unnamed channel to its intersection with the shoreline of Bennett Lake;

thence in a general northwesterly direction following the sinuosities of the shoreline of said lake, crossing at their mouths the Belle (shown as Lindeman Creek on said Map of Homan Lake) and Homan Rivers, to its intersection with the north boundary of Lot 31 according to said plan 668c; - 2 -

thence following said north boundary to the northwest corner of said lot 31;

thence due West a distance of 2000 metres to a point;

thence on a bearing S35'00'W, a distance of 6000 metres more or less to a point on the northerly boundary of the watershed of said Lindeman Lake;

thence generally westerly following said boundary to the mount peak at approximate latitude 50'48'40" and approximate longitude 135'08'05";

thence southwesterly in a straight line to a point on contour 5,200 feet at longitude 135'08'40";

thence generally southerly following the ridge to the head of an unnamed creek, said creek head being at approximate latitude 59'47'50" and approximate longitude 135'08'50";

thence generally southerly following said creek to its intersection with Lindeman Creek;

thence generally southwesterly following said creek along the branch that leads to Mountain Lake;

thence southwesterly following the northwesterly shoreline of said lake to a point on the limit of the sand or gravel formation at approximate latitude 59'46'10" and approximate longitude 135'11'15";

thence generally southwesterly following the limit of said gravel formation to its intersection with said Lindeman Creek;

thence in a general southwesterly direction following said creek to its most southerly head at approximate latitude 59'42'35" and approximate longitude 135'16'30";

thence southwesterly in a straight line to its intersection with said Canada/United States International Boundary, said straight line being perpendicular to said boundary;

thence generally southeasterly along said boundary to the point of commencement.

Said parcel including therein all mines and minerals. SCHEDULE "B"

BRITISH COLUMBIA

APPROVED AND ORDERED

Lieutenant-Governor

EXECUTIVE CHAMBERS, VICTORIA

Whereas by an Agreement under section 2 of the Klondike National Historic Park Act between the Governments of Canada and the Province of British Columbia dated the day of , 1985 (the "Agreement") British Columbia agreed to transfer the administration and control of the land described in the Schedule to this Order (the "Land") to Her Majesty the Queen in right of Canada for the purposes of the said Agreement and subject to paragraphs (a) to (e), inclusive, of section 3.02 of the said Agreement.

On the recommendation of the undersigned, the Lieutenant-Governor, by and with the advice and consent of the Executive Council, orders that, pursuant to section 3 of the Klondike National Historic Park Act, the administration and control of the Land, including mines and minerals, is hereby transferred to Her Majesty the Queen in right of Canada, for the purposes of the said Agreement and subject to paragraphs (a) to (e), inclusive, of section 3.02 of the said Agreement, including the right of British Columbia to obtain a retransfer of the Land or any part thereof in accordance with the said Agreement.

Presiding Member of the Executive Council INFORMATION

FILE 2/DOCUMENT I I PAGE

E NOT AVAILABLE AT TIME OF FILMING.

E DOES NOT EXIST.

LT/OVERSIZE E PLAN E POOR QUALITY NOT SUITABLE FOR FILMING, REFER TO.6( (JD ajoAPA.F-Ly

❑ THE FOLLOWING DOCUMENT IS OF POOR QUALITY, ALSO RETAINED IN HARD COPY, REFER TO

PROVINCE OF B.C. DO NOT PHOTOCOPY/USE BLACK PEN.

ARS 077 90 Jan.