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The Manitoba-Saskatchewan Boundary Act, 1980

R.S.M. 1990, c. 249

The Manitoba-Saskatchewan Boundary Act, 1980

WHEREAS the preamble to this Act when it was originally enacted provided as follows:

WHEREAS the Act to provide for the Extension of the Boundaries of the Province of Manitoba of 1881, 44 Victoria, Chapter 14, The Saskatchewan Act, 4 and 5 Edward VII, chapter 42, and The Manitoba Boundaries Extension Act, 1912, 2 George V, Chapter 32, define the boundaries between the Provinces of Manitoba and Saskatchewan as the centre of the road allowance between the twenty-ninth and thirtieth ranges of townships lying west of the first Principal Meridian in the system of Dominion Lands surveys from its intersection with the International Boundary between Canada and the United States of America to its intersection with the second meridian in the system of Dominion Lands surveys and thence as the said second meridian to its intersection with the sixtieth degree of north latitude;

AND WHEREAS in order to survey and demarcate that portion of the second meridian that constitutes the defined boundary between the Provinces of Manitoba and Saskatchewan, a commission to undertake the same and designated the Manitoba-Saskatchewan Boundary Commission was appointed and authorized by Order Number 1958-0 of the Privy Council, dated January 2, 1958, by Order Number 1963-683 of the Privy Council, dated May 2, 1963, by Order in Council No. 1871/60 passed by the Lieutenant Governor of Saskatchewan in Council on October 21, 1960 and by Order in Council No. 1568/69 passed by the Lieutenant Governor of Manitoba in Council on December 18, 1979;

AND WHEREAS in order to survey and demarcate certain parts of the remaining portion of the boundary that have not yet been surveyed, and to resurvey, re-establish and restore the monumentation of certain parts of the remaining portion surveyed prior to 1920, the said Commission was authorized by P.C. 1964-2040 to undertake the same;

AND WHEREAS the said Commission, during the years 1961 and 1962, caused the survey and demarcation of the northerly portion of the boundary defined as the second meridian in the system of Dominion Lands surveys to be completed and caused the same to be duly shown upon fifteen map sheets entitled "Boundary between Manitoba and Saskatchewan" numbered 30A and 31 to 44 and signed by the commissioners, which said map sheets have been printed and copies thereof deposited in the office of the Director of Surveys of Manitoba.

AND WHEREAS the Legislatures of the Provinces of Saskatchewan and Manitoba, and the Parliament of Canada have assented on February 25, 1966, March 29, 1966 and December 14, 1966, respectively, to the said boundary shown on said sheets numbered 30A and 31 to 44.

AND WHEREAS the said Commission, during the years 1965 to 1972, caused the survey of these parts of the remaining portion of the boundary that had not been surveyed, caused the resurvey, re-establishment and restoration of the monumentation together with the survey of supplementary monumentation of certain parts of the remaining portion surveyed prior to 1920, and during the years 1975 and 1976, caused the whole said remaining portion to be duly shown upon thirty map sheets entitled "Boundary between Manitoba and Saskatchewan" numbered 1 to 30 and signed by the commissioners, which said sheets have been printed and copies thereof deposited in the office of the Director of Surveys of Manitoba;

AND WHEREAS the said remaining portion may have been moved slightly east and west in areas where former monumentation was destroyed or lost, and it is expedient that the line surveyed, resurveyed, remonumented, restored and shown by the said Commission should be established as the boundary between the Province of Manitoba and the Province of Saskatchewan;

AND WHEREAS by section 3 of The British North America Act, 1871, it was enacted that the Parliament of Canada may from time to time with the consent of the Legislature of any province increase, diminish or otherwise alter the limits of that province upon such terms and conditions as may be agreed upon by the said Legislature and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any province affected thereby;

AND WHEREAS the said Commission has been empowered to issue instructions and direct the execution of all resurveys, line clearing or restorative work, including the employment of all professional and other personnel and the purchase of necessary equipment and supplies, as may be necessary from time to time to add supplementary monumentation or to maintain the boundary vista and monuments;

AND WHEREAS the said Commission has recommended that each commissioner maintain a master copy of each atlas sheet depicting the boundary; and when from time to time survey monuments have been established, restored or maintained, or measurements have been adjusted, each commissioner, upon the unanimous consent of the Commission, supplement or revise his master copy to show the upgraded and updated survey data provided that no change in the position of the boundary is involved;

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 to boundary

1           The Legislature of the Province of Saskatchewan having consented thereto with respect to that Province, the Legislature of the Province of Manitoba hereby consents to the Parliament of Canada declaring the line so surveyed, resurveyed, remonumented, restored and shown in the manner referred to in the preamble to the extent thereof, to be the boundary line between the Province of Manitoba and the Province of Saskatchewan, whether or not the same increases, diminishes, or otherwise alters the territory of the Province of Manitoba.

Execution and delivery of agreement

2           The minister charged by order of the Lieutenant Governor in Council with the administration of this Act may enter into, settle, execute and deliver, on behalf of the Government of Manitoba, an agreement with the Government of Saskatchewan to provide for the establishment, re-establishment, restoration and maintenance of the survey monuments and other physical evidence of the boundary.

Commission to maintain copy of boundary sheets

3           Each commissioner of the Boundary referred to in the preamble shall maintain a master copy of each of the boundary map sheets referred to in the preamble and, when from time to time survey monuments have been established, restored or maintained, or measurements have been adjusted, under the mandate of said Commission, each commissioner with the unanimous consent of the Commission shall supplement or revise his master copy of the map sheets to incorporate the upgraded and updated survey data, if no change in the position of the boundary has been made.

Commencement of Act

4           This Act comes into force on the day it receives the royal assent.

NOTE:  This Act replaces The Manitoba-Saskatchewan Boundary Act (1980), assented to July 9, 1980, being chapter 23, Statutes of Manitoba, 1980.