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The Provincial Boundaries Act

R.S.M. 1990, c. 253

The Provincial Boundaries Act

WHEREAS the preamble to this Act when it was originally enacted provided as follows:

WHEREAS, by chapter twenty-eight 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," (34 and 35 V. c.28, Imp.) 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 alteration of territory in relation to the Province affected thereby;"

AND WHEREAS, by an Act of the Legislature of Manitoba passed in the forty-fourth year of Her late Majesty's reign, at the third session of the fourth Legislature of Manitoba, chaptered one, and intituled "An Act to provide for the extension of the boundaries of the Province of Manitoba," the Legislature of Manitoba did consent to the increase of the territory of the Province to the extent and upon the terms and conditions set out in the hereinafter recited Act of the Parliament of Canada;

AND WHEREAS, by an Act of the Parliament of Canada, passed in the forty-fourth year of Her late Majesty's reign, chaptered fourteen, (44 V. c. 14) it was enacted as follows, that is to say:

1 The Province of Manitoba shall be increased as hereinafter defined, that is to say, so that the boundaries thereof shall be as follows: Commencing at the intersection of the international boundary dividing Canada from the United States of America by the centre of the road allowance between the twenty-ninth and thirtieth ranges of townships laying west of the first principal meridian in the system of the Dominion land surveys; thence northerly, following upon the said centre of the said road allowance as the same is or may hereafter be located, defining the said range line on the ground across townships one to forty-four, both inclusive, to the intersection of the said centre of the said road allowance by the centre of the road allowance on the twelfth base line in the said system of Dominion land surveys; thence easterly along the said centre of the road allowance on the twelfth base line following the same to its intersection by the easterly limit of the District of Keewatin, as defined by the Act thirty-ninth Victoria, chapter twenty-one, that is to say, to a point where the said centre of the road allowance on the twelfth base line would be intersected by a line drawn due north from where the westerly boundary of the Province of Ontario intersects the aforesaid international boundary line dividing Canada from the United States of America; thence due south, following upon the said line to the international boundary aforesaid; and thence westerly, following upon the said international boundary line dividing

Canada from the United States of America to the place of beginning; and all the land embraced by the said description not now within the Province of Manitoba shall, from and after the passing this Act, be added thereto, and the whole shall, from and after the said date, form and be the Province of Manitoba.

2 The terms and conditions upon which such increase is made are as follows:

(a) All the enactments and provisions of all the Acts of the Parliament of Canada, which have since the creation of the Province of Manitoba been extended into and made to apply to the said Province, shall extend and apply to the territory by this Act added thereto, as fully and effectually as if the same had originally formed part of the Province and the boundaries thereof had in the first instance been fixed and defined as is done by this Act, subject, however, to the provisions of section three of this Act;

(b) The said increased limit and the territory thereby added to the Province of Manitoba shall be subject to all such provisions as may have been or shall hereafter be enacted respecting the Canadian Pacific Railway, and the lands to be granted in aid thereof.

3 All laws and ordinances in force in the territory hereby added to the Province of Manitoba at the time of the coming into force of this Act, and all Courts of civil and criminal jurisdiction, and all legal commissions, powers and authorities, and all officers, judicial, administrative and ministerial, existing therein at the time of the coming into force of this Act, shall continue therein, as if such territory had not been added to the said Province; subject, nevertheless, with respect to matters within the legislative authority of the Legislature of the Province of Manitoba, to be repealed, abolished or altered by the said Legislature.

4 This Act shall come into force only upon, from and after a day to be appointed in that behalf by proclamation of the Governor published in the Canada Gazette;

AND WHEREAS the Legislature of Manitoba did consent to, and did adopt, the several terms and conditions aforesaid in the said Act of the Parliament of Canada contained, and made provision for the coming into force of the said extension;

AND WHEREAS, by proclamation of the Governor General of Canada of the thirteenth day of June, and of the Lieutenant Governor of Manitoba of the twenty-eighth day of June, both in the year one thousand eight hundred and eighty-one, the said Act of the Parliament of Canada came into force and the said extension of territory took effect upon the first day of July in the said last mentioned year;

AND WHEREAS, under the authority of this Legislature, by proclamation of the Lieutenant Governor in Council of the twenty-fourth day of December, in the year one thousand eight hundred and eighty-three, the laws of the Province of Manitoba, except those relating to the sale of intoxicating liquors (which have since been re-enacted for the whole Province), were extended and made to apply to the said additional territory;

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:

Short title

1           This Act may be cited as The Provincial Boundaries Act.

BOUNDARIES - LAWS IN FORCE

Territory extended subject to laws of Manitoba

2           The territorial boundaries and limits of Manitoba shall be and are extended and increased as in the said Act of the Parliament of Canada is mentioned and expressed, subject to the terms and conditions therein contained, 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 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.

Laws of Manitoba to apply to whole Province

3           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.

FURTHER ENLARGEMENT

Boundaries of Province may be increased, subject to approval of Legislature

4           The Legislature of Manitoba agrees and consents that the bounds of the Province may be increased and enlarged to such an extent as shall be enacted by the Parliament of Canada, and on such terms and conditions as to the effect of such increase of territory with regard to an increase of subsidy granted to the said Province and with regard to other purposes and subjects as may be provided by the said Parliament of Canada;

Provided, always, that such increase of territory shall not take effect until such terms and conditions have been approved by the Legislature of Manitoba.

NOTE:  This Act replaces The Provincial Boundaries Act, being chapter 12, Revised Statutes of Manitoba, 1902, assented to March 6, 1903.