Ontario. Legislative Assembly.

Correspondence, papers and documents, of dates from 1856 to 1882 inclusive, relating to the northerly and westerly boundaries of the province of Ontario online

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Online LibraryOntario. Legislative AssemblyCorrespondence, papers and documents, of dates from 1856 to 1882 inclusive, relating to the northerly and westerly boundaries of the province of Ontario → online text (page 36 of 86)
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the Union on such terms and conditions in each case as should be in the Addressee
expressed, and as the Queen should think fit to approve, subject to the provisions of the
said Act And it was further enacted that the provisions of any Order in Council in that
behalf should have effect as if they had been enacted by the Parliament of the United
Kingdom of Great Britain and Ireland :

And whereas by an Address from the Houses of the Parliament of Canada, of which
Address a copy is contained in the Schedule to this Order annexed, marked A, Her
Majesty was prayed, by and with the advice of Her Most Honourable Privy Council, to
unite Rupert's Land and the North- Western Territory with Ihe Dominion of Canada,
and to grant to the Parliament of Canada authority to legislate for the future welfare
and good government upon the terms and conditions therein stated :

And whereas by the " Rupert's Land Act, 1868," it was (amongst other things)
enacted that it should be competent for the Governor and Company of Adventurers of
England trading into Hudson's Bay (hereinafter called the Company) to surrender to Her
Majesty, and for Her Majesty, by any instrument under Her Sign Manual and Signet to
accept a surrender of all or any of the lands, territories, rights, privileges, liberties, fran-
chises, powers and authorities whatsoever, granted or purported to be granted by certain
letters patent therein recited to the said Company within Rupert's Land, upon such
terms and conditions as should be agreed upon by and between Her Majesty and the said
Company ; provided, however, that such surrender should not be accepted by Her
Majesty until the terms and conditions upon which Rupert's Land should be admitted
into the said Dominion of Canada should have been approved of by Her Majesty and
embodied in an Address to Her Majesty from both the Houses of the Parluiment of
Canada, in pursuanoe of the 146th section of the ** British North America Act, 1867."

And it was by the same Act further enacted that it should be competent to Her
Majesty, by Order or Orders in Council, on Addresses from the Houses of the Parliament
of Canada, to declare that Rupert's Land should, from a date to be therein mentioned,
be admitted into and become part of the Dominion of Canada :

And whereas a second Address from both the Houses of the Parliament of Canada
has been received by Her Majesty praying that Her Majesty will be pleased, under the
provisions of the hereinbefore recited Acts, to unite Rupert's Land on the terms and con-
ditions expressed in certain Resolutions therein referred to and approved of by Her
Majesty, of which said Resolutions and Address copies are contained in the Schedule to
this Order annexed, marked B, and also to unite the North-Westem Territory with the
Dominion of Canada, as prayed for by and on the terms and conditions contained in the
hereinbefore first recited Address, and also approved of by Her Majesty :

And whereas a draft Surrender has been submitted to the Governor- G^eneral of
Canada containing stipulations to the following effect, viz. : —

1. The sum of £300,000 (being the sum hereinafter mentioned) shall be paid by the



• Prefix to Statutes of Canada, 1872, p. Ixili

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IMP. ORDER IN COUNCIL UNITING RUPERT'S LAND AND N.-W. TO DOM., 1870. 201



Canadian Government into the Bank of England to the credit of the Company within six
calendar months after acceptance of the surrender aforesaid, with interest on the said sum
at the rate of five per cent, per annum, computed from the date of such acceptance until
the time of such payment

2. The size of the blocks which the Company are to select adjoining each of their
forts in the Red River limits, shall be as follows : —

Acres.
Upper Fort Garry and town of Winnipeg, including the enclosed park

around shop, and ground at the entrance of the town 500

Lower Fort Garry (including the farm the Company now have under

cultivation) 600

White Horse Plain 500

3. The deduction to be made as hereinafter mentioned from the price of the materials
of the electric telegraph, in respect of deterioration thereof, is to be certified within
three calendar months from such acceptance as aforesaid by the agents of the Company
in charge of the depots where the materials are stored. And the said price is to be paid
by the Canadian Government into the Rank of England to the credit of the Company
within six calendar months of such acceptance, with interest at the rate of five per cent per
annum on the amount of such price, computed from the date of such acceptance until the
time of payment.

And whereas the said draft was on the fifth day of July, one thousand eight hundred
and sixty-nine, approved by the said Governor-General in accordance with a Report from
the Committee of the Queen's Privy Council for Canada ; but it was not expedient that
the said stipulations, not being contained in the aforesaid second Address, should be
included in the Surrender by the said Company to Her Majesty of their rights aforesaid
or in this Order in Council.

And whereas the said Company did by deed under the seal of the said Company,
and bearing date the nineteenth day of November, one thousand eight hundred and
sixty-nine, of which deed a copy is contained in the schedule to this order annexed,
marked C, surrender to Her Majesty all the rights of government, and other rights,
privileges, liberties, franchises, powers and authorities granted, or purported to be granted
to the said Company by the said letters patent herein and hereinbefore referred to, and
also all similar rights which may have been exercised or assumed by the said Company
in any parts of British North America not forming part of Rupert's Land, or of Canada,
or of British Columbia, and all the lands and territories (except and subject as in the
terms and conditions therein mentioned) granted or purported to be granted to the said
Company by the said letters patent :

And whereas such surrender has been duly accepted by Her Majesty, by an instru-
ment under her Sign Manual and Signet, bearing date at Windsor, the twenty-second
day of June, one thousand eight hundred and seventy : .

It is hereby ordered and declared by Her Majesty, by and with the advice of the
Privy Council, in pursuance and exercise of the powers vested in Her Majesty by the
said Acts of Parliament, that from and after the fifteenth day of July, one thousand eight
hundred and seventy, the said North- Western Territory shall be admitted into and become
part of the Dominion of Canada upon the terms and conditions set forth in the first
hereinbefore recited Address, and that the Parliament of Canada shall, from the day
aforesaid, have full power and authority to legislate for the future welfare and good
government of the said territory. And it is further ordered that, without prejudice to
any obligations arising from the aforesaid approved Report, Rupert's Land shall, from
and after the said date, be admitted into and become part of the- Dominion of Canada upon
the following terms and conditions, being the terms and conditions still remaining to be
performed of those embodied in the said second Address of the Parliament of Canada,
and approved of by Her Majesty as aforesaid : —

L Canada is to pay to the Company £300,000, when Rupert's Land is transferred to
the Dominion of Canada.

2. The Company are to retain the posts they actually occupy in the North- Western



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202 IMP. ORDER IN OOUNCIL UNITING RUPERT'S LAND AND N.-W. TO DOM., 1870.



Territory, and may, within twelve months of the surrender, select a block of land
adjoining each of its posts within any part of British North America not comprised m
Canada and British Columbia, in conformity, except as regards the Red River Territory^
with a list made out by the Company and communicated to the Canadian Ministers, being
the list in the Schedule of the aforesaid Deed of Surrender. The actual survey is to be
proceeded with, with all convenient speed.

3. The size of each block is not to exceed [10] acres round Upper Fort Garry ; [300]
acres round Lower Fort Garry ; in the rest of the Red River Territory a number of acrea
to be settled at once between the Governor in Council and the Company, but so that the^
aggregate extent of the blocks is not to exceed 50,000 acres.

4. So far as the configuration of the country admits, the blocks shall front the fiver
or road by which means of access are provided, and shall be approximately in the shape
of parallelograms, of which the frontage shall not be more than half the depth.

5. The Company may, for fifty years after the surrender, claim in any to^ship
or district within the Fertile Belt, in which land is set out for settlement, grants of land
not exceeding one-twentieth part of the land so set out. The blocks so granted to be
determined by lot, and the Company to pay a rateable share of the survey expenses, not
exceeding 8 cents Canadian an acre. The Company may defer the exercise of their
right of claiming the proportion of each township for not more than ten years after it is
set out ; but their claim must be limited to an allotment from the lands remaining unsold
at the time they declare their intention to make it.

6. For the purpose of the last Article, the Fertile Belt is to be bounded as follows :^ —
On the south by the United States' boundary ; on the west by the Rocky Mountains ;
on the north by the northern branch of the Saskatchewan ; on the east by Lake Winni-
peg, the Lake of the Woods, and the waters connecting them.

7. If any township shall be formed abutting on the north bank of the northemi
branch of the Saskatchewan River, the Company may take their one-twentieth of any
such township, which for the purpose of this Article shall not extend more than five miles
inland from the river, giving to the Canadian Dominion an equal quantity of the portion
of lands coming to them of townships established on the southern bank.

8. In laying out any public roads, canals, etc, through any block of land reserved
to the Company, the Canadian Government may take, without compensation, such land
as is necessary for the purpose, not exceeding one twenty-fifth of the total acreage of the-
block ; but if the Canadian Government require any land which is actually under culti-
vation, or which has been built upon, or which is necessary for giving the Company's ser-
vants access to any river or lake, or has a frontage to any river or lake, they shall pay to>
the Company the fair value of the same, and shall make compensation for any injury done*
to the Company or their servants.

9. It is understood that the whole of the land to be appropriated within the meaning:
of the last preceding clause shall be appropriated for public purposes.

10. All titles to land up to the eighth day of March, one thousand eight hundred and
sixty-nine, conferred by the Company are to be confirmed.

11. The Company is to be at liberty to carry on its trade without hindrance in its-
corporate capacity, and no exceptional tax is to be placed on the Company's land, trade
or servants, nor any import duties on goods introduced by them previous to the surrender.

12. Canada is to take over the materials of the electric telegraph at cost price — such
price including transport, but not including interest for money, and subject to a deduction*
for ascertained deterioration.

13. The Company's claim to land under agreements of Messrs. Yankoughnet and
Hopkins is to be withdrawn.

1 4. Any claims of Indians to compensation for lands required for purposes of settlement
shall be disposed of by the Canadian Government in communication with the Imperial
Government ; and the Company shall be relieved of all responsibility in respect of them.

15. The Governor in Council is authorized and empowered to arrange any details
that may be necessary to carry out the above terms and conditions.

And the Right Honourable Earl Granville, one of Her Majesty's principal Secretaries
of State, is to give the necessary directions herein accordingly.



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PBOFOSED IMP. LBQISLATION FOR ESTABLISHMENT, ETC., OF PROVINCES. 20:1^



80HKDULBS.

[JR^erred to in the foregoing Order in ComieU,']
Schedule (A).

[Address to Her Majesty the Queen from the Senate and House of Commons of
Gunda, to be found in order of date, December 16th and 17th, 1867, onto, p. 128.]



Schedule (B).

i. BeaohUiont.

[Eesolutions of the Senate and House of Commons of Canada, to be found in order*
d date, May 28th, 1869, arUe, p. 182.]

2. Addr688,

[Address to Her Majesty the Queen from the Senate and House of Commons of
Canada, to be found in order of date. May 29th and 31st, 1869, ante, p. 183.]



Schedule (C).

[Deed of Surrender, the Hudson's Bay Company to Her Majesty Queen Victoria, to
be found in order of date, 19th November, 1869, cmite, p. 185.]



Rbport of Minister of Justice advising Imperial Legislation for Confirmation op
Manitoba Actt and for auth6rizing the Establishment and the Alteration
of the Limits of Provinces.*

Department of Justice,

Ottawa, Dec. 29th, 1870.

The undersigned has the honour to report to your Excellency that during the last^
session of the Canadian Parliament, while the Act 33 Yic., cap. 3, providing for the
establishment and government of the Province of Manitoba was under consideration, the
question was raised as to the power of Parliament to pass the Act, and especially those
of its provisions which gave the right to the Province to have representatives in the Senate
and House of Commons of the Dominion.

•* The British North America Act, 1867," provides that :

*'The Queen in Council on address from the Houses of Parliament of Canada, may
admit Rupert's Land and the North-Western Territory, or eithei^of them, into the Union
<m such terms and conditions as are in the address expressed, and as the Queen thinks fit
to approve, subject to the provisions of this Act; and any Order in Council in that behalf
ahall have effect as if it had been enacted by the Parliament of the United Kingdom."

The address, which was passed by the Parliament of Canada, contained no provisions-
i»ith respect to the future government of the country, the only terms and conditions con-
tamed in it being those agreed upon between the Hudson's Bay Company and Canada as
the conditions of their surrender of their Charter to Her Majesty. Even if the terms of
the address had included a new constitution for the North-West, it must, under the above
cited section, have been subject to the provisions of the Imperial Act of Union.

The Rupert's Land Act, 1868, passed by the Imperial Parliament, provides (5 Section)
for the admission of Rupert's Land (but not of the North-Westem Territory) into the

* Seas. Papers, Can., 1871, No. 20.

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204 PROPOSED IMP. LEGISLATION FOR ESTABLISHMENT, ETC, OF PROVINCES.



Dominion of Canada ; and that, ^* thereupon, it shall be lawful for the Parliament of
€anada, from the date aforesaid, to make, ordain and establish, within the land and
territory, so admitted as aforesaid, all such laws, institutions and ordinances, and to con-
stitute such a court and ofEicers as may be necessary for the peace, order, and good govern-
ment of Her Majesty's subjects and others therein."

This provision of the Act may fairly be held to have authorized the Canadian Parlia-
ment to pass the Act, giving a constitution to a portion of Ruperfs Land ; but still the
question remains, whether, under the two Imperial Acts referred to, it had the power to give
the people of the new Province representation in the Senate and House of Commons of
Canada.

The general purview of the " British North America Act, 1867,'' seems to be confined
to the three Provinces of Canada, Nova Scotia and New Brunswick, originally forming
the Dominion.

In the constitution of the Senate the Dominion was divided into three divisions, each
division having equal representation in that body. It fixes the normal number of the Senate
at seventy-two, subject to the provisions of the Act ; and the 28th clause provides that
the number of Senators shall not at any time exceed seventy-eight ; the 147th clause, how-
ever, enacting that in case of the admission of Newfoundland and Prince Edward Island,
the normal nutnber of Senators shall be seventy-six, and the maximum eighty-two.

In like manner the clauses of the Act relating to the constitution of the House of
Commons give a certain proportionate representation to the Provinces originally consti-
tuting the Dominion, and make no reference to the increase of numbers from any addition
to the territory of the Dominion.

There is in the Act no provision whatever' for representation in the Senate or House
of Commons of Rupert's Land and the North- Western Territory, or British Columbia.

Under these circumstances, as the question as to the constitutionality of the Act of
the Canadian Parliament has been raised, and as the doubt may cause grave disquiet in the
territories which have been or may hereafter be added to Uie Dominion, and in order
also to prevent the necessity of repeated applications to the Imperial Parliament for legis-
lation respecting the Dominion, the undersigned has the honour to recommend that the
Earl of Kimberley be moved to submit to the Imperial Parliament, at its next session, a
measure,

1. Confirming the Act of the Canadian Parliament, 33 Yic, cap. 3, above referred
to, as if it had been an Imperial Statute, and legalizing whatever may have been done
under it according to its true intent

2. Empowering the Dominion Parliament from time to time to establish other Prov-
inces in the North- Western Territory, with such Local Government, Legislature and con-
stitution as it may think proper ; provided that no such Local Government or Legislature
shall have greater powers than those conferred on the Local Governments and Legislatures
by the " British North America Act, 1867 ;" and also empowering it to grant such Prov-
inces representation in the Parliament of the Dominion ; the Acts so constituting such
Provinces to have the same effect as if passed by the Imperial Parliament at the time of
the Union.

3. Empowering the Dominion Parliament to increase or diminish, from time to time^
the limits of the Province of Manitoba, or of any other Province of the Dominion, with
the consent of the (Government and Legislature of such Province.

4 Providing that the terms of the suggested Act be applicable to the Province of
British Columbia whenever it may form part of the Dominion.

All which is respectfully submitted.

John A. Magdokald.

[After some correspondence, the Imperial Act, 34 and 35 Yic, cap. 28, was passed
to give effect to the above recommendations. — G. E. L.]



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IMPERIAL ACT RESPECTING ESTABLISHMENT, ETC., OF PROVINCES, 1871. 20^



An Ac?p rbspboting the Establishment op Provincbs in the Dominion op

Canada.*

Whereas doubts have been entertained respecting the powers of the Parliament of
Canada to establish Provinces in territories admitted, or which may hereafter be admitted,
into the Dominion of Canada, and to provide for the representation of such Provinces in
the said Parliament, and it is expedient to remove such doubts, and to vest such powers
in the said Parliament :

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament
aasembled, and by the authority of the same, as follows : —

1. This Act may be cited for all purposes as " The British North America Act, ISTl/*^

2. The Parliament of Canada may from time to time establish new Provinces in any
territories forming for the time being part of the Dominion of Canada, but not included in
any Province thereof, and may, at the time of such establishment, make provision for the
constitution and administration of any such Province, and for the passing of laws for the
peace, order, and good government of such Province, and for its representation in the
said Parliament.

3. The Parliament of Canada may from time to time, with the consent of the Legis-
lature 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 any
Province affected thereby.

4. The Parliament of Canada may, from time to time, make provision for the admin-
istration, peace, order, and good government of any territory not for the time being
included in any Province.

5. The following Acts passed by the said Parliament of Canada, and intituled
respectively, " An Act for the temporary government of Rupert's Land and the North-
western Territory when united with Canada ; " and " An Act to amend and continue the
Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for
the government of the Province of Manitoba,'' shall be and be deemed to have been valid
and effectual for all the purposes whatsoever from the date at which they respectively
received the assent, in the Queen's name, of the Govemor-Ceneral of the said Dominion
of Canada.

6. Except as provided by the third section of this Act, it shall not be competent for the
Parliament of Canada to alter the provisions of the last-mentioned Act of the said Parlia-
ment in so far as it relates to the Province of Manitoba, or of any other Act hereafter
establishing new Provinces in the said Dominion, subject always to the right of the Legis-
lature of the Province of Manitoba to alter from time to time the provisions of any law
respecting the qualification of electors and members of the Legislative Assembly, and to
make laws respecting elections in the said Province.



Mbmorandum of thb Hon. J. Sandfield Maodonald, Attobnby-Gbnbral of

Ontario, t

The undersigned has the honour to draw the attention of your Excellency to the
necessity which exists for the settlement of the true boundary, or division line, separating
the Province of Ontario from what is known as the North-West Territory. The impor-
tance of accomplishing this object was manifest to the Ontario Legislature during its last
snd the preceding sessions, when an appropriation was voted towards defraying the
expenses which might be incurred by a Commission to be appointed for the purpose.

• Imp. Stot , 34 and 36 Vic, cap. 28. Assented to 29th June, 1871.
t Sen. Papers, Ont., IST^, No. 44, p. 2.



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:206 THE gov't of ONTARIO URGE THE SETTLEMENT OF THE BOUNDARY, 1871 :



The Privy Council at Ottawa also conceiving that action should be taken by them in
the matter, obtained an appropriation from the Commons for the same object. It therefore
.becomes only necessary that a Commission should be appointed by your Excellency and
another by the Dominion Government in order that steps may be taken as early as poe^
sible, as the season is fast advancing, with a view to carry out the purpose for which the
respective grants were made. It is needless to adduce arguments for urging the early
ascertainment of the boundary line. The thoroughfare over which numbers of emigrants
.and other are making their way from Thunder Bay towards Red Kiver requires that they
should be protected en rotUe^ and the jurisdiction to which the authority of this Govern-
ment extends ought to be clearly defined in view of that end ; and the same remark would
apply to that portion of the road which is beyond our limits.

The undersigned therefore respectfully recommends that your Excellency will be
pleased to communicate to the Dominion Government the substance of this memoran-
dum, and to add that this Government, when the Commissioners shall be appointed, will
be prepared to agree to joint instructions to be given to them as their guide in executing
the task to be assigned to them.

J. S. Macdokald.

July Uth, 1871.



The LIEUTBNANT-GOVBRNOR OF ONTARIO TO THE SECRETARY OF StATE, CaNADA.*

€k)VERNMENT HoUSE,

Toronto, 17th July, 1871.

^IR, — I have the honour to call your attention to the necessity which exists for the
•settlement of the true boundary or division line separating the Province of Ontario from
what is known as the North-West Territory.

The importance of accomplishing this object has been recognized both by the House
of Commons and the Legislature of this Province, and appropriations made by them for



Online LibraryOntario. Legislative AssemblyCorrespondence, papers and documents, of dates from 1856 to 1882 inclusive, relating to the northerly and westerly boundaries of the province of Ontario → online text (page 36 of 86)