Manitoba Boundaries Extension Act, 1912

2 George V, c. 32 (Canada)

[Assented to 1st April 1912.]

Preamble. WHEREAS, on the thirteenth day of July, one thousand nine hundred and eight, the House of Commons resolved that the limits of the province of Manitoba should be increased by the extension of the boundaries of the province northward to the sixtieth parallel of latitude and north-eastward to the shores of Hudson Bay, as in the said resolution is more particularly set out, upon such be agreed to by the Legislature of Manitoba and by the Parliament of Canada;

And whereas it is desirable that the financial terms applicable to the said province, as altered by the increase of territory aforesaid, should be on a basis of substantial equality with the financial terms enjoyed by each of the 1905, c. 42. provinces of Saskatchewan and Alberta under The Saskatchewan Act 1905, c. 3. and The Alberta Act, respectively, inasmuch as the area of these respective provinces is approximately equal to that of the province of Manitoba as by this Act increased, and inasmuch as each of the said three provinces at the time of its establishment as a province was without public debt, and inasmuch as the Crown lands, mines and minerals and royalties incident thereto in the province of Manitoba are, as is the case in the other two said provinces, vested in the Crown and administered by the Government of Canada for the purposes of Canada: Therefore, subject to the consent of the Legislature of Manitoba, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE.

Short title. 1. This Act may be cited as The Manitoba Boundaries Extension Act, 1912.

INTERPRETATION.

Interpretation. 2. In this Act, unless the context otherwise requires, -

"the province"

(a) "the province" means the province of Manitoba

"the Government"

(b) "the Government" means His Majesty the King acting in respect of the Dominion of Canada by and through the Governor General in Council.

BOUNDARIES.

Boundaries extended. 3. The limits of the province are hereby increased so that the boundaries of the province shall be as follows: Commencing where the sixtieth parallel of north latitude intersects the western shore of Hudson Bay; thence westerly along the said parallel of latitude to the north- east corner of the province of Saskatchewan; thence southerly along the easterly boundary of the province of Saskatchewan to the international boundary dividing Canada from the United States; thence easterly along the said international boundary to the point where the said international boundary turns due north; thence north along the said international boundary to the most northerly point thereof at or near the northwest angle of the Lake of the Woods; thence continuing due north along the westerly boundary of the province of Ontario, by virtue of U.K. 1889, c. 28. "The Canada (Ontario Boundary) Act, 1889," chapter 28 of the statutes of 1889 of the United Kingdom, (the said westerly boundary being the easterly boundary of the province of Manitoba) to the most northerly point of the said boundary common to the two provinces under the said Act; thence continuing due north along the same meridian to the intersection thereof with the centre of the road allowance on the twelfth base line of the system of Dominion Land Surveys; thence northeasterly in a right line to the most eastern point of Island Lake, as shown in approximate latitude 53° 30' and longitude 93° 40' on the railway map of the Dominion of Canada published, on the scale of thirty-five miles to one inch, in the year one thousand nine hundred and eight, by the authority of the Minister of the Interior; thence northeasterly in a right line to the point where the eightyninth meridian of west longitude intersects the southern shore of Hudson Bay; thence westerly and northerly following the shores of the said Bay to the place of commencement; and all the land embraced by the said description not now within the province of Manitoba, shall, from and after the commencement of this Act, be added thereto and the whole shall from and after the said commencement, form and be the province of Manitoba.

FINANCIAL PROVISIONS.

Annual payment to province. 4. Inasmuch as the province was not in debt at the time the province was established, it shall be entitled to be paid and to receive from the Government of Canada, by half-yearly payments in advance on the first day of January and July in each year an annual sum of three hundred and eighty-one thousand five hundred and eighty-four dollars and nineteen cents, being the equivalent of interest at the rate of five per cent per annum on the sum of seven million six hundred and thirty-one thousand six hundred and eighty-three dollars and eighty-five cents, the difference between a principal sum of eight million, one hundred and seven thousand five hundred dollars and the sum of four hundred and seventy-five thousand eight hundred and sixteen dollars and fifteen cents heretofore advanced by the Government to the province for provincial purposes.

Commencement of section. 2. This section shall be held to have come into force on the first day of July, one thousand nine hundred and eight, and shall have effect as if the first half-yearly payment thereunder was due to be made on that date.

Deduction of interest on capital allowance. 3. There shall be deducted from the aggregate of the sums payable under this section at the commencement of this Act all sums received on and after the first day of July, one thousand nine hundred and eight, by the province from the Government by way of interest on capital allowance in lieu of debt.

Compensation to the province for public lands. 5. Inasmuch as under the provisions of this Act the province will not have the public land as a source of revenue, there shall, subject to the provisions hereinafter set out, be paid by the Government to the province, by half-yearly payments in advance, on the first days of January and July in each year, an annual sum based upon the population of the province as from time to time ascertained by the quinquennial census thereof, as follows:-

The population of the province being assumed to be on the first day of July, nineteen hundred and eight, over four hundred thousand, the sum payable until such popu- lation reaches eight hundred thousand shall be five hundred and sixty-two thousand five hundred dollars; Thereafter until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; And thereafter the sum payable shall be hundred and twenty-five thousand dollars.

1885, c. 50 amended. 2. Section 1 of chapter 50 of the statutes of 1885 is repealed, and all lands (known as swamp lands) transferred to the province under the said section 1, and not sold by Transfer of swamp lands to Government. the province prior to the time at which the terms and conditions of this Act have been agreed to by the Legislature of the province, shall be retransferred to the Government.

Deduction respecting swamp lands. 3. The sums payable to the province under subsection 1 of this section shall be subject to a deduction at the rate of five per cent per annum upon the difference between the aggregate of the sums for which the said swamp lands were sold by the province and the aggregate of the sums from time to time charged to the province by the Government in connection with the selection, survey and transfer of such lands and of the sums expended by the province which may be fairly chargeable to the administration and sale of such swamp lands.

Determination of amount. 4. The difference referred to in the next preceding subsection shall be determined by the Governor in Council after audit on behalf of the Government.

Deduction respecting lands granted to Manitoba University. 5. The sums payable to the province under subsection 1 of this section shall also be subject to a deduction by reason of the allotment of land, to the extent of one hundred and fifty thousand acres, granted as an endowment to the University of Manitoba under section 2 of chapter 50 of the statutes of 1885, to wit, to a deduction of five per cent per annum upon the sum of three hundred thousand dollars.

Commencement of payments under s-s. 1. 6. This section shall be held to have come into force, in so far as the provisions directing and affecting the half-yearly payments in advance under subsection 1 of this section are concerned, on the first day of July, nineteen hundred and eight, and shall have effect as if the first half- yearly payment thereunder was due to be made on that date.

Deductions respecting indemnity in lieu of public lands. 7. There shall be deducted from the aggregate of the sums payable under the next preceding subsection at the commencement of this Act all sums received on and after the first day of July, nineteen hundred and eight, by the province from the Government on account of indemnity in lieu of public lands.

Allowance for provincial public buildings. 8. As an additional allowance there shall be paid by the Government to the province, one-half on the first day of July, nineteen hundred and twelve, and one-half on the first day of July, nineteen hundred and thirteen, to assist in providing for the con- struction of necessary public buildings, two hundred and one thousand seven hundred and twenty- three dollars and fifty-seven cents, a sum equal to the difference between the total payments made by the Government to each of the provinces of Saskatchewan and Alberta, under The Saskatchewan Act and The Alberta Act, respectively, for the like purposes and the sums already paid by the Government on account of the construction of the Legislative Buildings and the Government House at Winnipeg.

RIGHTS OF CROWN.

Crown lands, mineral and waters. 6. All Crown lands, mines and minerals and royalties incident thereto in the territory added to the province under the provisions of this Act, and the interest of the Crown under The Irrigation Act in the waters within such territory, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act.

REPRESENTATION IN THE SENATE.

Senate representation. 7. The province shall continue to be represented in the Senate of Canada by four members provided that such representation may, after the completion of the decennial census of June, nineteen hundred and eleven, be from time to time increased to six by the Parliament of Canada.

COMMENCEMENT OF ACT.

Commencement of Act. 8. This Act shall come into force on a day to be fixed by proclamation of the Governor in Council published in The Canada Gazette, but such proclamation shall not be made until after the Legislature of Manitoba shall have consented to the increase of the limits of the province herefor, and agreed to the terms, conditions and in provided provisions aforesaid.


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W.F.M.