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The Manitoba-Ontario Boundary Act, 1953

R.S.M. 1990, c. 244

The Manitoba-Ontario Boundary Act, 1953

WHEREAS the preamble to this Act when it was originally enacted provided as follows: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 twelfth base line of the system of Dominion land surveys to the southern shore of Hudson Bay, in accordance with the descriptions contained in the Schedule to the Act of the Imperial Parliament, known as the Canada (Ontario Boundary) Act, 1889, in The Manitoba Boundaries Extension Act, 1912, 2 George V, chapter 32, 1912 (Canada), and in An Act to amend The Manitoba Boundaries Extension Act, 1912, and The Ontario Boundaries Extension Act, 14 George VI, chapter 16, 1950 (Canada);

AND WHEREAS it is desirable that the boundary so surveyed and marked on the ground and shown on three plans of the Manitoba-Ontario Boundary, namely,

(a) from Monument No. 220 on the twelfth base line to Monument No. 295 at east end of Island Lake;

(b) from Monument No. 295 at east end of Island Lake to Monument No. 356; and

(c) from Monument No. 356 to Monument No. 457A at Hudson Bay;

duly approved by the three commissioners on the twenty-sixth day of January, 1953, and of record in the Surveys Branch of The Department of Mines and Natural Resources of the Province of Manitoba under numbers 7301, 7302, and 7303, respectively, shall be accepted 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:

Consent as to boundary

1           The Legislature of the Province of Manitoba hereby consents that the Parliament of Canada may declare that the boundary line surveyed and marked on the ground

(a) by the commission appointed in 1929 to delimit the boundary between the Provinces of Manitoba and Ontario from the twelfth base line of the system of Dominion land surveys to the most eastern point of Island Lake, consisting of the Surveyor General of Dominion Lands representing Canada, the Surveyor General of the Department of Lands and Forests, Ontario, representing the Province of Ontario and the Chief Surveyor of The Department of Public Works, Manitoba, representing the Province of Manitoba; and

(b) by the commission appointed in 1931 to delimit the boundary between the Provinces of Manitoba and Ontario from the most eastern point of Island Lake to the southern shore of Hudson Bay, consisting of the Surveyor General of Dominion Lands, representing Canada, the Surveyor General of the Department of Lands and Forests, Ontario, representing the Province of Ontario and the Director of Surveys, The Department of Mines and Natural Resources, Manitoba, representing the Province of Manitoba;

and more particularly described in Schedule A to this Act, shall be the boundary line between the Province of Manitoba and the Province of Ontario, from the twelfth base line of the system of Dominion land surveys to the southern shore of Hudson Bay, although the limits of the province may be thereby increased, diminished, or otherwise altered; and thereupon, in so far as the Legislature has power to so enact, the boundary line between the Province of Manitoba and the Province of Ontario from the twelfth base line of the system of Dominion land surveys to the southern shore of Hudson Bay, shall be as shown on three plans of the Manitoba-Ontario Boundary, namely,

(c) from Monument No. 220 on the twelfth base line to Monument No. 295 at east end of Island Lake;

(d) from Monument No. 295 at east end of Island Lake to Monument No. 356; and

(e) from Monument No. 356 to Monument No. 457A at Hudson Bay;

and as more particularly described in Schedule A to this Act, duly approved by the three commissioners on the twenty-sixth day of January, 1953, and of record in the Surveys Branch of The Department of Mines and Natural Resources of the Province of Manitoba under numbers 7301, 7302 and 7303 respectively.

Commencement of Act

2           This Act shall come into force on a day fixed by proclamation.

SCHEDULE A

Commencing at a point in 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", the said point being marked by a concrete monument about three feet high above the ground and bearing the following inscriptions:  on the Southeast side, "No. 220 ONTARIO", and on the Northwest side, "No. 220 MANITOBA", thence in a right line on an initial azimuth of 44° 25' 50" 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 eighty-seven miles, fifty-five chains and thirty-two and eight tenths links more or less to the most Eastern point of Island Lake, the said point being fixed on the ground in the year 1930 and being marked by a concrete monument bearing the following inscriptions:  on the Southeast side, "No. 295 ONTARIO", and on the Northwest side, "No. 295 MANITOBA", and situated in about North Latitude 53° 44' 19".42 and in about West Longitude 93° 39' 14".91; said boundary from the point of commencement to the most Eastern point of Island Lake being marked at intervals of approximately one mile in length by special posts and mounds, each post having marked on it the number of the post and the year of survey, and said portion of the boundary being also marked at intervals of approximately six miles in length by concrete monuments bearing brass plates on which are the following inscriptions:  on the Southeast side, the number of the monument and the word "ONTARIO", and on the Northwest side, the number of the monument and the word "MANITOBA"; thence in a right line on an initial azimuth of 38° 40' 34" along the said boundary a distance of two hundred and eighty-two miles, thirty-three chains and fifty-seven and one tenth links more or less to the Terminal Point marked by a concrete monument about four feet high above the ground and bearing the following inscriptions:  on the Southeast side, "No. 457 A ONTARIO", and on the Northwest side, "No. 457 A MANITOBA", the said point being twenty-one and four tenths feet due West astronomic from the point where the eighty-ninth meridian of west longitude intersects the Southern shore of Hudson Bay,

as the latter point was fixed by the Geodetic Survey of Canada in the year 1930; said boundary from the most Eastern point of Island Lake to the said Terminal Point being marked at intervals of from one mile to three miles in length by special posts of the same type as the said special post above described, and said portion of the boundary being also marked at intervals of from five miles to twenty-five miles in length by concrete monuments bearing brass plates on which are the following inscriptions:  on the Southeast side, the number of the monument and the word "ONTARIO", and on the Northwest side, the number of the monument and the word "MANITOBA"; and as said boundary is shown on three plans of the Manitoba-Ontario Boundary, namely (1) from monument No. 220 on the twelfth base line to monument No. 295 at East end of Island Lake; (2) from monument No. 295 at East end of Island Lake to monument No. 356; and (3) from monument No. 356 to monument No. 457A at Hudson Bay; duly approved by the three Commissioners on the twenty-sixth day of January, 1953, and of record in the Surveys Branch of the Department of Mines and Natural Resources of the Province of Manitoba under numbers 7301, 7302 and 7303 respectively.

NOTE:  This Act replaces An Act respecting the Boundary between the Provinces of Manitoba and Ontario, proclaimed in force on June 1, 1954, being chapter 23, Revised Statutes of Manitoba, 1954.