What is an Order in Council? (OIC)
It is a legal instrument made by the Governor in Council [The Governor General of Canada acting by, and with the advice and consent of the Queen’s Privy Council for Canada (i.e., Cabinet).] pursuant to a statutory authority or, less frequently, the royal prerogative(The rights, powers and privileges exercised by the Crown). All orders in council are passed on the recommendation of the responsible Minister of the Crown and take legal effect only when signed by the Governor General.
Why am I telling you this?
An Order in Council written in 1881 was the instrument used by the Canadian government to create the T’ít’q’et reserves #1, 1A,1B, 2, 3, 4, 5.
Why do you want to know this?
An Order in Council 1308 passed back in the 1930’s granted some reserve land on IR #2 to the province for use as a public road. That road is no longer being used but it was never deactivated by the province. In order to have that land added back to reserve, it has to be surveyed, then deactivated by the Ministry of Transportation and Infrastructure. Then it has to go through the Additions to Reserve process to be made official T’it’q’et reserve land again.
There is also a need to survey the road going through IR #5. The road is the one leading up to the parking area just above the lakefront. The issue is the width of the road.
These two instances came about because of the Natural Resources Canada surveyor meeting with T’ít’q’et members back in November. Information shared by T’ít’q’et will give Canada an accurate picture of the land we are going to be responsible for if the land code is adopted.
IR 1A will be excluded from the Land Code because T’it’q’et shares that reserve with Xwisten. If they ever decide to develop their own land code then we would work with to decide how a land code would apply to that reserve.
