![]() ![]() In 1997, a Memorandum of Understanding (MOU) was signed by Canada and the British Government acknowledging that Great Britain retains ownership of the wrecks, but assigning custody and control of their contents to Canada, and providing for the transfer of ownership to Canada of certain recovered artifacts. Designation under the Historic Sites and Monuments Act does not extend any form of legal protection over the site and does not offer protection to either wreck. In 1992, the wrecks of the Franklin Expedition, HMS Erebus and HMS Terror, were designated as a NHS by the Minister of the Environment under the Historic Sites and Monuments Act, despite neither wreck having been found at that time. Currently, 52 of the 171 national historic sites administered by Parks Canada are listed on the National Historic Sites of Canada Order. The CNPA provides for the listing of national historic sites under the National Historic Sites of Canada Order by setting apart land, the title to which is vested in Her Majesty in right of Canada, as a national historic site (NHS) of Canada in order to commemorate a historic event of national importance or preserve a historic landmark, or any object of historic, prehistoric or scientific interest, that is of national importance. This would afford the wreck of HMS Terror the same legal protections under the CNPA as the wreck of HMS Erebus. The discovery of the HMS Terror wreck necessitates that an amendment be made to the National Historic Sites of Canada Order (the Order) under the Canada National Parks Act (CNPA) to add the land description for the HMS Terror wreck to the Wrecks of HMS Erebus and HMS Terror National Historic Site in order to legally protect the wreck and surrounding seabed, the water column around the wreck, and any artifacts contained within the protected area. ![]() ( This statement is not part of the Order.) Issues Coming into ForceĢ This Order comes into force on the day on which it is registered. That area containing approximately 57.8 km 2. THENCE northerly in a straight line back to the point of commencement ĮXCEPTING all islands and foreshore lying above the ordinary low-water mark within the described area and all mines and minerals, whether solid, liquid or gaseous, that may be found within the described area. THENCE westerly in a straight line to a point at latitude 68☄8′46.44″ N and longitude 98★9′42.15″ W THENCE southerly in a straight line to a point at latitude 68☄8′46.23″ N and longitude 98★1′31.25″ W THENCE easterly in a straight line to a point at latitude 68★4′25.24″ N and longitude 98★1′29.08″ W In the Arctic Ocean in Terror Bay the area, consisting of the seabed and water column above the seabed, that is described as follows:ĬOMMENCING at a point at latitude 68★4′25.45″ N and longitude 98★9′42.07″ W (2) The portion of the schedule to the Order under the heading “Arctic Ocean” is amended by adding the following after the reference “That area containing approximately 83.6 km 2.”: Wrecks of HMS Erebus and HMS Terror National Historic Site of Canada comprising the following described areas: Order Amending the National Historic Sites of Canada Order Amendmentsġ (1) The portion of the schedule to the National Historic Sites of Canada Order (see footnote 1) under the heading “Arctic Ocean” is amended replacing the reference “ Wrecks of HMS Erebus and HMS Terror National Historic Site of Canada comprising the following described area:” with the following: Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 42(2) of the Canada National Parks Act (see footnote a), makes the annexed Order Amending the National Historic Sites of Canada Order. SOR/2017-273 December 8, 2017 CANADA NATIONAL PARKS ACT ![]()
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