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The Coat of Arms, Floral Emblem and Tartan Act
This is an unofficial archived version of The Coat of Arms, Floral Emblem and Tartan Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C150

The Coat of Arms, Floral Emblem and Tartan Act

WHEREAS, by Royal Warrant, Armorial Ensigns were granted to the province by His late Majesty King Edward VII; and it is deemed expedient to make provision respecting the use thereof;

AND WHEREAS it is deemed wise and expedient to adopt a floral emblem of the province;

AND WHEREAS it is believed that the flower botanically called the anemone patens, and popularly known as the "crocus" is most appropriate for the purpose;

AND WHEREAS it is deemed expedient to adopt a tartan for, and for the use, under certain conditions, of the citizens of, the province;

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

Grant of Armorial Ensigns confirmed.

1

The Armorial Ensigns (sometimes popularly called "the Coat of Arms") of the province are the Armorial Ensigns granted by Royal Warrant of His late Majesty King Edward VII, dated May 10, 1905, and therein described, a certified copy of which Royal Warrant is deposited in the Legislative Library and a pictorial representation of which Armorial Ensigns, printed in black and white, is set out in Schedule A.

No user of Armorial Ensigns without permission.

2(1)

Subject to subsection (2), unless by express permission granted by order of the Lieutenant Governor in Council, no person other than the Government of Manitoba, or a member of the Executive Council for the purposes of the government, shall mark, print, carve, engrave, or otherwise delineate or reproduce, on any thing, or publish, display, or make use of, the Armorial Ensigns of the province, either in the authorized colours, or in black and white, or in any combination of colours, or otherwise, in such a way or for such purpose as to indicate or give the impression that the government, a member of the Executive Council, or a member of the Legislative Assembly, has any interest in, is associated with, or is responsible in any way for, that person or the object, land, or thing on, or in, or in respect of, which it is marked, printed, carved, engraved, delineated, reproduced, published, displayed or used.

M.L.A.

2(2)

A member of the Legislative Assembly may make use of stationery furnished to him by the Queen's Printer and bearing the Armorial Ensigns and so designed as to indicate that he is a member of the assembly.

Conditions on grant of permission to use.

3

Where permission is granted for the use by any person of the Armorial Ensigns, the use thereof may be limited as to place, occasion, time, or otherwise, as to the Lieutenant Governor in Council seems meet; and the permission may be granted subject to the payment of such fees, or the performance of such other conditions, as the Lieutenant Governor in Council may prescribe.

Application for permission.

4(1)

Application for permission to make use of the Armorial Ensigns of the province may be made to the minister of Culture, Heritage and Historical Resources.

Record of permits.

4(2)

The minister shall keep a record of all permits for the use of the Armorial Ensigns granted under section 3.

Floral emblem adopted.

5

The flower known botanically as the anemone patens, and popularly called the "crocus" is adopted as, and is, the floral emblem of the province.

Adoption of tartan.

6(1)

Subject as herein provided, the tartan

(a) a description of the design or set of which is set out in Schedule A to order in council 286/62, approved on March 5, 1962, a copy of a certified memorandum of which order in council and of Schedule A thereto, is set out in Schedule B to this Act; and

(b) of which a sample in coloured textile material is on deposit in the provincial archives; and

(c) which has been registered in the books of the Court of the Lord Lyon, King of Arms, in Scotland, as the Manitoban Tartan;

is adopted as, and is, the tartan of the Province of Manitoba, and may be more briefly designated as "the Manitoba Tartan"

Variation in description of colours.

6(2)

Where in Schedule A to order in council 286/62 mention is made of a colour described therein as "tartan green", it shall be deemed to mean, and shall be interpreted as meaning, simply "green"; and where in Schedule A aforesaid mention is made of a colour described therein as "maroon", it shall be deemed to mean, and shall be interpreted as meaning, simply "murrey".

Use of Manitoba Tartan.

6(3)

The use of the tartan to which reference is made in subsection (1) shall be governed by the considerations and limitations set forth in order in council 286/62 aforesaid.

Order forbidding certain uses of tartan.

6(4)

The Lieutenant Governor in Council may, by order in council, direct that the tartan or the design or set thereof, or any representation thereof, shall not be used

(a) in any manner; or

(b) under any circumstances;

that is deemed unsuitable and that is specified in the order.

Disobedience of order an offence.

6(5)

An order made under subsection (4) is a regulation to which The Regulations Act applies, and any person who contravenes, disobeys, or refuses, fails, neglects, or omits to observe such an order is guilty of an offence.

Other Coats of Arms.

7(1)

No person shall sell, display, publish, advertise or hold out

(a) as Armorial Ensigns of the province, or as a Coat of Arms of the province; or

(b) as Armorial Ensigns or Coats of Arms that have been confirmed, declared, adopted, or officially recognized as Armorial Ensigns or a Coat of Arms of the province by the Legislature of the province or by the government;

any Armorial Ensigns or Coats of Arms other than the Armorial Ensigns declared by this Act to be the Armorial Ensigns of the province.

Other tartans.

7(2)

No person shall sell, display, publish, advertise or hold out

(a) as a tartan of the province; or

(b) as a tartan that has been confirmed, declared, adopted, or officially recognized, as a tartan of the province by the Legislature of the province or by the government;

any tartan other than the tartan adopted by this Act as the tartan of the province.

Offence and penalty.

8

Every person who contravenes or refuses, omits, neglects, or fails to observe or comply with, any provision of this Act is guilty of an offence and liable, on summary conviction, to a fine not exceeding $100. for every day during which the offence continues and in default of payment thereof to imprisonment for a term not exceeding three months.

SCHEDULE A

"Vert on a Rock a Buffalo statant proper, on a Chief Argent the Cross of St. George."

SCHEDULE B

No. 286/62.

Memorandum of an order of the Administrator in Council approved and ordered by His Honour the Administrator on Mar. 5, 1962.

The Honourable the Minister of Industry and Commerce having submitted to Council a report setting forth that:

WHEREAS Hugh Kirkwood Rankine of Winnipeg in Manitoba has designed the sett of a tartan described in Schedule A to this order, and has caused the design thereof to be registered in the Register of Industrial Designs under the Industrial Design and Union Label Act (Canada);

AND WHEREAS it is desirable that the tartan so designed (hereinafter called "the tartan") should be adopted and established as the official tartan of the Province of Manitoba and duly registered in the books of the Court of the Lord Lyon, King of Arms, in Scotland;

AND WHEREAS

(a) a verbal description of the tartan is set out in Schedule A to this order;

(b) a sample of the tartan made up in textile material is attached as Schedule B to this order;

AND WHEREAS Her Majesty the Queen in right of the Province of Manitoba (represented therein by the Honourable E. Gurney V. Evans, Minister of Industry and Commerce), has entered into an agreement respecting the use of the tartan with Hugh Kirkwood Rankine aforesaid; and a copy of the agreement is set out in Schedule C to this order;

THEREFORE he, the Minister, recommends:

1. That, subject to certain limitations hereinafter set forth, and subject to the registration of this order in the books of the Court of the Lord Lyon, King of Arms, in Scotland, the Manitoba Tartan shall be of the colours and proportions verbally set out in Schedule A to this order, and as portrayed by the sample of textile material attached as Schedule B to this order.

2. That subject as stated in section 1, the design or sett of the tartan described and portrayed in Schedules A and B to this order is hereby adopted and established as the Manitoba Tartan.

LIMITATIONS

3. The limitations hereinbefore mentioned are as follows:

(1) The Lieutenant Governor in Council of the Province of Manitoba in approving the tartan as the Manitoba Tartan contemplates its use

(a) in and by governmental units and personnel where no other tartan is applicable;

(b) by residents of Manitoba who have no hereditary or traditional claim to a specific tartan associated with their name or the place of their dwelling.

(2) That the existence and use in the foregoing circumstances of the tartan as the Manitoba Tartan is not intended to supersede the use of clan and family tartans by residents of the Province of Manitoba entitled thereto or in Regiments, Cadet Corps and other organizations including official organizations where a particular clan or family tartan has been, or may be, appointed for the use of such Regiment, Cadet Corps or organization. It is recognized that the use of clan and family tartans in the official life of the Province, with official and governmental sanction and approval, is an important and characteristic feature of Scottish-Celtic civilization and that anything in the nature of supersession of this by a universal or district tartan is un-Scottish and detrimental to the family or clan in its broad or legal sense as an important social institution linking great numbers of persons together and strengthening family life and the State.

(3) That with limited approval for certain purposes, where a tartan might not otherwise be convenient or available, the Manitoba Tartan will not in any way derogate from the present or future continuous usage and official recognition of, and allocation to, corps, bodies and organizations, official or unofficial, of clan or family tartans which may be appropriate thereto from traditional or actual connection with the founder or first head or other distinguished head or administrator who has any Scottish connection, and which are thus given a particularly human and tribal link for inspiration. The Manitoba Tartan will provide this link in those cases, and for those persons, to whom such a traditional link of tartan is not now available.

4. That as proper cognizance of the matters hereinbefore set out, and to give effect thereto, consent be given to the registration of this order in the books of the Court of the Lord Lyon, King of Arms, in Scotland, if and when this order, having been considered, is found reasonable and compatible with any other tartan previously recorded.

5. That the Honourable E. Gurney V. Evans, Minister of Industry and Commerce, is authorized to apply to the Lord Lyon, King of Arms, in Scotland, for registration of this order as mentioned in section 2.

6. That the agreement of which a copy is set out in Schedule C to this order is confirmed.

7. Order in council 1121/61 approved on the 21st day of September, 1961, is revoked.

And, upon consideration of the said report and recommendation on the 5th day of March, A.D. 1962 (the Honourable Mr. Evans in the Chair), Council having advised that it be done as recommended by the Honourable the Minister of Industry and Commerce His Honour the Administrator in Council was pleased to approve the said report and recommendation and to order that it be done accordingly.

Certified correct

Clerk of the Executive Council.

CERTIFIED to be a true copy of a document signed by DEREK BEDSONas Clerk of the Executive Council

This memorandum is furnished on Mar. 6, 1962.

Schedule A to Order in Council 286/62

Description of the Manitoba Tartan

The Manitoba Tartan consists of two blocks of colour, chiefly maroon and green, with some yellow, dark green and azure blue: and each of such two blocks consists of a total of one hundred threads.

The first block may be called the maroon block, and consists of twenty-eight threads disposed as follows:

Twelve maroon threads

Four yellow threads

Twelve maroon threads

The second block may be called the green block, and consists of seventy-two threads disposed as follows:

Two tartan green threads

Four dark green threads

Twenty-four tartan green threads

Two azure blue threads

Two tartan green threads

Four azure blue threads

Two tartan green threads

Two azure blue threads

Twenty-four tartan green threads

Four dark green threads

Two tartan green threads

The maroon block and the green block alternate across the entire width of the material and follow the same sequence in the length.