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The Boundaries Extension (Terms and Conditions) Act

R.S.M. 1990, c. 234

The Boundaries Extension (Terms and Conditions) Act

WHEREAS the preamble to this Act when it was originally enacted provided as follows:

WHEREAS by chapter 28 of the Acts of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the session held in the thirty-fourth and thirty-fifth years of Her late Majesty's reign, intituled An Act respecting the establishment of Provinces in the Dominion of Canada, it is enacted that "the Parliament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, increase, diminish or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or lateration of territory in relation to the Province affected thereby"; and whereas it is expedient and desirable that the boundaries of the Province of Manitoba should be extended and its territory increased, in the manner and to the extent and on the terms and conditions hereinafter set forth;

AND WHEREAS it is considered advisable to continue this Act in the body of Manitoba's laws in its original form without revision;

AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Extension of boundaries accepted

1           The Legislative Assembly of Manitoba hereby consents that the limits of the Province be increased so that the boundaries of this Province shall be as follows:  Commencing where the sixtieth parallel of north latitude intersects the western shore of Hudson Bay; thence westerly along the said parallel of latitude to the north-east corner of the Province of Saskatchewan; thence southerly along the easterly boundary of the Province of Saskatchewan to the international boundary dividing Canada from the United States; thence easterly along the said international boundary to the point where the said international boundary turns due north; thence north along the said international boundary to the most northerly point thereof, at or near the north-west angle of the Lake of the Woods; thence continuing due north along the westerly boundary of the Province of Ontario, by virtue of The Canada (Ontario Boundary) Act, 1889, chapter 28 of the statutes of 1889 of the United Kingdom (the said westerly boundary being the easterly boundary of the Province of Manitoba), to the most northerly point of the said boundary common to the two Provinces under the said Act; thence continuing due north along the same meridian to the intersection thereof with the centre of the road allowance on the twelfth base line of the system of Dominion land surveys; thence north-easterly in a right line to the most eastern point of Island Lake, as shown in approximate latitude 53° 30' and longitude 93° 40' on the railway map of the Dominion of Canada published, on the scale of thirty-five miles to the inch, in the year one thousand nine hundred and eight, by the authority of the Minister of the Interior; thence north-easterly in a right line to the point where the eighty-ninth meridian of west longitude intersects the southern shore of Hudson Bay; thence westerly and northerly, following the shores of the said bay to the place of commencement; and all the land embraced by the said description, not now within the Province of Manitoba, shall, from and after the commencement of this Act, be added thereto, and the whole shall, from and after the said commencement, form and be the Province of Mantioba.

(NOTE:  Section 1 was subsequently amended and revised.  See The Boundaries Extension Act)

Terms and conditions accepted

2           The Legislative Assembly of Manitoba hereby agrees to the following terms and conditions of such increase, and to the following provisions in respect thereof;

FINANCIAL PROVISIONS

Annual payment to Province

(a) (1) Inasmuch as the Province was not in debt at the time the Province was established, it shall be entitled to be paid and to receive from the Government of Canada, by half-yearly payments in advance, on the first days of January and July in each year, an annual sum of three hundred and eighty-one thousand and five hundred and eighty-four dollars and nineteen cents, being the equivalent of interest at the rate of five per cent per annum on the sum of seven million six hundred and thirty-one thousand six hundred and eighty three dollars and eighty-five cents, the difference between a principal sum of eight million one hundred and seven thousand five hundred dollars and the sum of four hundred and seventy-five thousand eight hundred and sixteen dollars and fifteen cents heretofore advanced by the Government of Canada to the Province for Provincial purposes;

Commencement of section

(2) This section shall be held to have come into force on the first day of July, 1908, and shall have effect as if the first half-yearly payment thereunder was due to be made on that date;

Deduction of interest on capital allowance

(3) There shall be deducted from the aggregate of the sums payable under this section, at the commencement of this Act, all sums received on and after the first day of July, 1908, by the Province from the Government of Canada by way of interest on capital allowance in lieu of debt.

Compensation for public lands

(b) (1) Inasmuch as, under the provisions of this Act, the Province will not have the public land as a source of revenue, there shall, subject to the provisions hereinafter set out, be paid by the Government to the Province, by half-yearly payments in advance, on the first day of January and July in each year, an annual sum based upon the population of the Province as from time to time ascertained by the quinquennial census thereof, as follows:  The population of the Province being assumed to be, on the first day of July, 1908, over four hundred thousand, the sum payable until such population reaches eight hundred thousand shall be five hundred and sixty-two thousand five hundred dollars; therafter, until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; and thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars;

S.M. 1885 cap. 50 amended

(2) Section 1 of chapter 50 of the statutes of 1885 is repealed, and all lands (known as swamp lands) transferred to the Province under the said section 1, and not sold by the Province prior to the time at which the terms and conditions of this Act have been agreed to by the Legislature of the Province, shall be re-transferred to the Government of Canada;

Deduction respecting swamp lands

(3) The sums payable to the Province under sub-section (1) of this section shall be subject to a deduction, at the rate of five per cent. per annum, upon the difference between the aggregate of the sums for which the said swamp lands were sold by the Province and the aggregate of the sums from time to time charged to the Province by the Government in connection with the selection, survey and transfer of such lands, and of the sums expended by the Province which may be fairly chargeable to the administration and sale of such swamp lands;

Determination of amount

(4) The difference referred to in the next preceding subsection shall be determined by the Governor-in-Council after audit on behalf of the Government of Canada;

Deduction respecting University lands

(5) The sums payable to the Province under sub-section (1) of this section shall also be subject to a deduction, by reason of the allotment of land, to the extent of one hundred and fifty thousand acres, granted as an endowment to the University of Manitoba under section 2 of chapter 50 of the statutes of 1885, to wit, to a deduction of five per cent per annum upon the sum of three hundred thousand dollars;

Commencement of payments under subsection (1)

(6) This section shall be held to have come into force, in so far as the provisions directing and affecting the half-yearly payments in advance under sub-section (1) of this section are concerned, on the first day of July, 1908, and shall have effect as if the first half-yearly payment thereunder was due to be made on that date;

Deduction respecting payments in lieu of public lands

(7) There shall be deducted from the aggregate of the sums payable under the next preceding sub-section at the commencement of this Act, all sums received on and after the first day of July, 1908, by the Province from the Government of Canada on account of indemnity in lieu of public lands;

Allowance for public buildings

(8) As an additional allowance in lieu of public lands, there shall be paid by the Government of Canada to the Province, one-half on the first day of July, 1912, and one-half on the first day of July, 1913, to assist in providing for the construction of necessary public buildings, two hundred and one thousand seven hundred and twenty-three dollars and fifty-seven cents, a sum equal to the difference between the total payments made by the Government of Canada to each of the Provinces of Saskatchewan and Alberta, under The Saskatchewan Act and The Alberta Act, respectively, for the like purposes, and the sums already paid by the Government on account of the construction of the Legislative Buildings and the Government House at Winnipeg.

RIGHTS OF CROWN

Crown lands, minerals and waters reserved

(c) All Crown lands, mines and minerals and royalties incident thereto, in the territory added to the Province under the provisions of this Act, and the interest of the Crown, under The Irrigation Act, in the waters within such territory, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act.

REPRESENTATION IN SENATE

Representation in Senate

(d) The Province shall continue to be represented in the Senate of Canada by four members; provided that such representation may, after the completion of the decennial census of June, 1911, be from time to time increased to six by the Parliament of Canada.

BOUNDARIES – LAWS IN FORCE

Boundaries extended and Act of Parliament of Canada to be in force in Province

3           The territorial boundaries and limits of Manitoba shall be and are hereby extended and increased as above set forth, upon the passage of an Act of the Parliament of Canada providing therefor, subject to the terms and conditions, also above set forth, and to the further enactments of the proper Legislature within its powers, and, subject as aforesaid, all the enactments and provisions of the said Act of the Parliament of Canada when passed shall have the force and effect of law in this Province, and the said additional territory and the inhabitants thereof and all officers therein within the executive authority or legislative jurisdiction of the Province of Manitoba shall, as an integral part or portion of this Province, and as officers of the Government of Manitoba, be respectively subject to all the laws and executive regulations of the Province of Manitoba.

Provincial laws to be in force in added territory

4           All laws and statutes of the Province of Manitoba shall apply and extend to the whole of the territory within the said above described limits, unless where otherwise expressed or necessarily implied.

NOTE:  This Act replaces An Act to provide for the Further Extension of the Boundaries of the Province of Manitoba, assented to February 2, 1914, being chapter 18, Revised Statutes of Manitoba, 1913.