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The Manitoba-Ontario Boundary Act, 1929

R.S.M. 1990, c. 243

The Manitoba-Ontario Boundary Act, 1929

WHEREAS the preamble to this Act when it was originally enacted provided as follows:

WHEREAS by The British North America Act, 1871, it is provided 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";

AND WHEREAS the inter-provincial boundary between the Provinces of Manitoba and Ontario has been surveyed and marked on the ground by commissioners duly appointed for that purpose, from the north-west angle of the Lake of the Woods northerly to the twelfth base line of the system of Dominion land surveys, in accordance with the descriptions contained in the Schedule to the Act of the Imperial Parliament known as the Canada (Ontario Boundary) Act, 1889, and in The Manitoba Boundaries Extension Act, 1912, 2 George V, chapter 32, 1912 (Canada);

AND WHEREAS it is desirable that the boundary so surveyed and marked on the ground shall be accepted and confirmed as the true and unalterable boundary between the Provinces of Manitoba and Ontario;

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:

Declaration consent as to boundary

1           In case the Legislature of the Province of Ontario consents thereto, the Legislature of the Province of Manitoba hereby consent that the Parliament of Canada may declare that the boundary line surveyed and marked on the ground, and more particularly described in the Schedule to this Act, by the commission appointed in 1897 to delimit the boundary between the Provinces of Manitoba and Ontario from the Lake of the Woods to the Winnipeg River, consisting of Elihu Stewart, D.L.S., representing the Dominion of Canada, and B.J. Saunders, O.L.S., representing the Province of Ontario, and by the commission appointed in 1921, to delimit the boundary between the Provinces of Manitoba and Ontario from the Winnipeg River northerly, consisting of the Surveyor-General of Dominion Lands representing the Dominion of Canada, and the Director of Surveys for Ontario representing the Province of Ontario, shall be the boundary line between this province and the Province of Ontario, although the limits of the province may be thereby increased, diminished or otherwise altered, and thereupon in so far as the Legislature of the Province of Manitoba has power so to enact the boundary line between the Province of Manitoba and the Province of Ontario shall be as described in the said Schedule.

SCHEDULE

DESCRIPTION BY METES AND BOUNDS OF THE SURVEYED PORTIONS OF THE EASTERN BOUNDARY OF THE PROVINCE OF MANITOBA

Commencing at the most northerly point on the international boundary between Canada and the United States at the north-west angle of the Lake of the Woods, as established by Dr. Tiarks and David Thompson, under the direction of the Commissioners appointed under Article VII of the Treaty of Peace and Amity between His Britannic Majesty and the United States of America, signed at Ghent the 24th December, 1814, and confirmed by Article II of the Ashburton Treaty of 1842, said most northerly point being styled the Initial Point on the official plan of survey of the boundary between the Provinces of Manitoba and Ontario from Lake of the Woods to Winnipeg River, which said Initial Point may be more particularly known and described as being seventy-two chains and fifty links, more or less, due north of the most northerly point on the international boundary at the north-west angle of the Lake of the Woods as determined by Article I of the Treaty between His Britannic Majesty in respect of the Dominion of Canada and the United States for the further demarcation of the boundary between Canada and the United States, signed at Washington on February 24th, 1925, which said Initial Point is also one hundred and fifty chains and one link, more or less, due north from an iron post extending four feet above ground and planted about five chains northerly from the north bank of the North-West Angle river, bearing the following inscriptions: "October 20th, 1818," on the south side, and on the north side the words "Convention of London," said post having been planted by the International Boundary Commissioners in 1872 to mark the boundary between the Dominion of Canada and the United States of America; which said Initial Point is also one hundred and ten chains and sixty-two links, more or less, due north from an iron post extending four feet above the ground bearing similar inscriptions and planted by the same authority as the above mentioned post.

Then from said Initial Point due north astronomically along the boundary between the Provinces of Manitoba and Ontario, as marked on the ground by the Commissioners referred to in the Act to which this description is a Schedule, a distance of two hundred and thirty-eight miles, thirteen chains and twenty-eight links, more or less, to a point at the centre of the road allowance on the north side of the twelfth base line of the system of Dominion land surveys, said point being thirty chains and fifty-seven links due north from a concrete monument on said boundary, which said monument is about three feet high above the ground and bearing the following inscriptions on the east side, "No. 218, Ontario," and on the west side, "No. 218, Manitoba"; said boundary from the Initial Point to the Winnipeg River being marked at intervals of approximately one mile in length by iron posts and mounds, each post bearing the number corresponding to the number of miles which it is distant from said Initial Point on the south side, the letters "MAN" for Manitoba on the west side and the letters "ONT" for Ontario on the east side, and from the Winnipeg River northerly, the said boundary being marked at intervals of approximately six miles in length by concrete monuments bearing brass plates on which are the following inscriptions:  on the east side, the number of the monument and the word "ONTARIO" and on the west side the number of the monument and the word "MANITOBA," said boundary from the Winnipeg River northerly being also marked at intervals of approximately one mile in length with special posts and mounds, the posts bearing the inscriptions, "Inter-provincial Boundary," "Ontario-Manitoba," each post having also marked on it the number of the monument, the number of the bench mark, and the year of the survey.

That part of the said boundary which lies between the Lake of the Woods and Winnipeg River is shown on the official plan of the survey of said boundary dated 30th April, 1898, and signed by Elihu Stewart, D.L.S., and B.J. Saunders, O.L.S., the commissioners appointed in 1897, and that part of said boundary lying between the Winnipeg River and the twelfth base line aforesaid being shown on a series of sixteen plans of survey published in atlas form in 1925 and signed by the Survey-General of Dominion Lands, and the Director of Surveys for the Province of Ontario, as the commissioners appointed in 1921, all of which plans are of record in the Department of the Interior at Ottawa, in the Department of Public Works at Winnipeg and in the Department of Lands and Forests at Toronto.

NOTE:  This Act replaces An Act respecting the Boundary between the Provinces of Manitoba and Ontario, being chapter 22, Revised Statutes of Manitoba, 1954, which came into force on April 1, 1955.

NOTE:  The Ontario Act is found at S.O. 1929, c. 3.