PART IV ACTS OF CANADA (Relating to Provincial Matters) GENERAL The North-West Territories Act of 1869, c. 3.. The Manitoba Act, 1870, c. 3... Memorandum on law in federal matters in Manitoba prior to 1888. PAGE 193 195 204 206 215 The Saskatchewan Act, 1905, c. 42. 230 The P.E.I. Subsidy Act, 1912, c, 42. 244 Terms of Union of Newfoundland with Canada, 1949, c. 1. 245 Statute Law Amendment (Newfoundland) Act, 1949, c. 6. 262 An Act to bring the Criminal Code and the Canada Evidence Act into force in 283 The Provincial Subsidies Act (R.S., 1952, c. 221).. 286 The Dominion-Provincial Taxation Agreement Act, 1942, c. 13.. 291 The Maritime Provinces additional subsidies Act, 1942, c. 14.. 294 The Dominion Alberta Supplementary Taxation Agreement Act, 1945, c. 17. 296 The Dominion-Provincial Tax Rental Agreements Act, 1947, c. 58.. 298 The Dominion-Provincial Tax Rental Agreements Act, 1947, Amendment Act, 1949 (2nd Sess.), c. 19.... 306 The Tax Rental Agreements Act, 1952, c. 49.. 308 The Federal-Provincial Tax-Sharing Arrangements Act, 1956, c. 29. 316 The Federal-Provincial Tax-Sharing Arrangements Act, 1956, Amendment Act, 1957-58, c. 29. The Federal-Provincial Tax-Sharing Arrangements Act, 1956, Amendment Act, 1959, c. 26. 324 325 The Federal-Provincial Tax-Sharing Arrangements Act, 1956, Amendment Act, 1960, c. 13... 326 The Federal-Provincial Fiscal Arrangements Act, 1960-61, c. 58. 329 BOUNDARIES The Ontario Boundaries Extension Act, 1912, c. 40. 338 340 The Quebec Boundaries Extension Act, 1912, Amendment Act, 1946, c. 29. The Manitoba Boundaries Extension Act, 1912, and The Ontario Boundaries Extension Amendment Act, 1950, c. 16.. 352 The Ontario-Manitoba Boundary Act, 1953 (1953-54), c. 9. The Alberta Natural Resources Transfer (Amendment) Act, 1941, c. 22. 371 374 383 385 392 The Manitoba Natural Resources Transfer (Amendment) Act, 1948 (1947-48), c. 60 402 405 408 415 The Saskatchewan Natural Resources Act, No. 3, 1947, c. 45. 417 420 The Saskatchewan Natural Resources Transfer (Amendment) Act, 1951, c. 60.. 422 424 The Natural Resources Transfer (Amendment) Act, 1938, c. 36.. 425 The Natural Resources Transfer (School Lands) Amendment Act, 1960-61, c. 62.. The British Columbia Divorce Appeals Act (R.S., 1952, c. 21). 445 ACTS OF CANADA THE NORTH-WEST TERRITORIES ACT 32-33 VICTORIA, CHAPTER 3(1) An Act for the temporary Government of Rupert's Land and the North-Western Territory when united with Canada [Assented to 22nd June, 1869.] WHEREAS it is probable that Her Majesty the Queen may, Preamble. pursuant to "The British North America Act, 1867", be pleased to admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, before the next Session of the Canadian Parliament: And whereas it is expedient to prepare for the transfer of the said Territories from the Local Authorities to the Government of Canada, at the time appointed by the Queen for such admission, and to make some temporary provision for the Civil Government of such Territories until more permanent arrangements can be made by the Government and Legislature of Canada: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The said Territories when admitted as aforesaid, shall Name of territories. be styled and known as "The North-West Territories." functions of 2. It shall be lawful for the Governor, by any Order or Appointment Orders, to be by him from time to time made, with the advice and of the Privy Council (and subject to such conditions and Lieutenantrestrictions as to him shall seem meet), to authorize and Governor. empower such Officer as he may from time to time appoint as Lieutenant-Governor of the North-West Territories, to make provision for the administration of Justice therein, and generally to make, ordain, and establish all such Laws, Institutions and Ordinances as may be necessary for the Peace, Order and good Government of Her Majesty's subjects and others therein; provided that all such Orders in Council, and all Laws and Ordinances, so to be made as aforesaid, shall be laid before both Houses of Parliament as soon as conveniently may be after the making and enactment thereof respectively. (1) This Act was first extended and continued by s. 36 of c. 3 of the Statutes of Canada, 1870 (33 Vict., c. 3) (see p. 187). Then these two Acts were confirmed by the Imperial Act 34-35 Vict., c. 28 (see supra at p. 71, s. 5). Chapter 16 of the Statutes of 1871 made provision for the government of the North-West Territories after the expiration of 32-33 Vict., c. 3. The laws respecting the North-West Territories were amended and consolidated by c. 49 of the Statutes of 1875, "The North-West Territories Act, 1875." The Act which is now in force is the Northwest Territories Act, c. 331 of the Revised Statutes of Canada, 1952, as amended by 1953-54, c. 8; 1955, cc. 21, 48; 1957-58, c. 30; 1959, c. 7, 1960, cc. 20, 46. 193 Instructions to Lieutenant- Appointment of Council to Lieutenant- Existing laws to remain in force. Public officers etc., to retain office. Duration of this Act. 3. The Lieutenant-Governor shall administer the Government under instructions from time to time given him by Order in Council. 4. The Governor may, with the advice of the Privy Council, constitute and appoint, by Warrant under his Sign Manual, a Council of not exceeding fifteen nor less than seven persons, to aid the Lieutenant-Governor in the administration of affairs, with such powers as may be from time to time conferred upon them by Order in Council. 5. All the Laws in force in Rupert's Land and the NorthWestern Territory, at the time of their admission into the Union, shall, so far as they are consistent with "The British North America Act, 1867",-with the terms and conditions. of such admission approved of by the Queen under the 146th section thereof, and with this Act,-remain in force until altered by the Parliament of Canada, or by the LieutenantGovernor under the authority of this Act. 6. All Public Officers and Functionaries holding office in Rupert's Land and the North-Western Territory, at the time of their admission into the Union, excepting the Public Officer or Functionary at the head of the administration of affairs, shall continue to be Public Officers and Functionaries of the North-West Territories with the same duties and powers as before, until otherwise ordered by the Lieutenant-Governor, under the authority of this Act. 7. This Act shall continue in force until the end of the next Session of Parliament. THE MANITOBA ACT, 1870 (1) 33 VICTORIA, CHAPTER 3 An Act to amend and continue the Act 32-33 Vict., c. 3; and to establish and provide for the Government of the Province of Manitoba [Confirmed by Imperial Act 34-35 Vict., c. 28] [Assented to 12th May, 1870.] WHEREAS it is probable that Her Majesty The Queen may, Preamble. pursuant to the British North America Act, 1867, be pleased to admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada. And whereas it is expedient to prepare for the transfer of the said Territories to the Government of Canada at the time appointed by the Queen for such admission: And whereas it is expedient also to provide for the organization of part of the said Territories as a Province, and for the establishment of a Government therefor, and to make provision for the Civil Government of the remaining part of the said Territories, not included within the limits of the Province: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Province to be formed out of N.W. territory when united to Canada. 1. On, from and after the day upon which the Queen, by and with the advice and consent of Her Majesty's Most Honourable Privy Council, under the authority of the 146th Section of the British North America Act, 1867, shall, by Order in Council in that behalf, admit Rupert's Land and the NorthWestern Territory into the Union or Dominion of Canada, there shall be formed out of the same a Province, which shall be one of the Provinces of the Dominion of Canada, and which Its name and shall be called the Province of Manitoba, and be bounded boundaries. as follows: that is to say, commencing at the point where the meridian of ninety-six degrees west longitude from Greenwich intersects the parallel of forty-nine degrees north latitude,thence due west along the said parallel of forty-nine degrees north latitude (which forms a portion of the boundary line between the United States of America and the said NorthWestern Territory) to the meridian of ninety-nine degrees of (1) Manitoba, carved out of the North-West Territories, was the first of the new provinces to be established after Confederation. The Canadian Act of 1870 (above) was passed in anticipation of the Imperial Order in Council (see Part III) admitting those territories. The Imperial Act of 1871 (see Part II) confirms the Canadian Act. See also section 146 of the B.N.A. Act, 1867. and also the B.N.A. Act, 1886. 195 west longitude,-thence due north along the said meridian of ninety-nine degrees west longitude, to the intersection of the same with the parallel of fifty degrees and thirty minutes north latitude,-thence due east along the said parallel of fifty degrees and thirty minutes north latitude to its intersection with the before-mentioned meridian of ninety-six degrees west longitude, -thence due south along the said meridian of ninety-six degrees west longitude to the place of beginning. (2) (2) Repealed R.S.C. 1886. Sch. A. The boundaries as set out in this section have been dealt with from time to time by the following enactments: - (1881) 44 Vict., c. 14 (Dom.); (1881) 44 Vict., c. 14 (Man.); (1912) 2 Geo. V, c. 32 (Dom.); (1912) 2 Geo. V, c. 6 (Man.); (1928) S.M., c. 3 (Man.); 1930 20-21 Geo. V, c. 28 (Dom.); 1929 S.M., c. 4 (Man.); see also R.S.O. 1937, c. 3, Appendix "B"; 1937 S.M., c. 5 (Man.) see also S. Sask. 1937, c. 96. All the territory now known as Manitoba together with other territory, was originally granted to "The Governor and Company of Adventurers of England trading into the Hudson Bay" by charter of King Charles II dated 2nd May, 1670, and therein was named "Rupert's Land", and by said charter authority was given to said Governor and Company to make reasonable laws not inconsistent with those of England for the good government of the said Company, its governors, factors, masters, and other officers employed in any of the territory included in the said charter. The laws so made were known as the laws of Assiniboia (see Consolidated Statutes, Manitoba, 1880-81, D. LIV). Rupert's Land Act (1868) 31-32 Vict., c. 105 (Imp.) was enacted enabling Her Majesty to accept a surrender upon terms of the lands, privileges and rights of "The Governor and Company of Adventurers of England trading into the Hudson Bay", and for admitting the same into the Dominion of Canada, and by an order of Her Majesty in Council dated 23rd June, 1870, Rupert's Land became part of Canada, out of which Manitoba was formed by this Act. All powers, authorities and jurisdiction of the several courts of justice established at the date of Rupert's Land Act (31st May, 1868) and of the several officers thereof and of all magistrates and justices then acting therein were by that Act continued until the Parliament of Canada otherwise enacted. By 34 Vict., c. 13 (Dom.), ss. 1 to 6 (14th April, 1871), all enactments of the Parliament of Canada passed in the first three sessions thereof relating generally to all provinces of Canada were declared in force in Manitoba and all inconsistent laws then in force therein were repealed. By 34 Vict., c. 14 (Dom.), s. 1 (14th April, 1871), certain criminal laws of Canada therein set out were declared in force in Manitoba and section 2 provided that the "court known as the general court, now or hereafter existing in the Province of Manitoba and any court to be hereafter constituted by the Legislature of Manitoba and having the powers now exercised by the general court" should have power to determine and try all criminal cases in Manitoba or in the Territories. The Supreme Court of Manitoba, now the Court of King's Bench, was established by S.M. 34 Vict., c. 2 (3rd May, 1871), but was not organized and brought into operation until the appointment of its first judge, Honourable Alexander Morris, who took the oath of office on August 14th, 1872. See article "The Rise of Law in Rupert's Land," Vol. 1, Western Law Times, p. 49. [The notes to this section are copied without change from the Revised Statutes of Manitoba, 1940, p. 3705.] It may be noted also that in 1912 part of the district of Keewatin, immediately north of the province, was added to Manitoba. The boundaries of Manitoba were further dealt with by the Act to amend The Manitoba Boundaries Extension Act. 1912, and The Ontario Boundaries Extension Act. 1912, c. 16 of the Statutes of Canada, 1950. See also 1953-54, c. 9. |