ACTS OF THE PARLIAMENT OF CANADA THE MANITOBA ACT. 33 VICTORIA. CHAPTER 3. An Act to amend and continue the Act 32 and 33 Victoria, chapter 3, and to establish and provide for the Government of the Province of Manitoba. [Confirmed by Imperial Act 34 and 35 V., c. 28.— [Assented to 12th May, 1870.] WHEREAS it is probable that Her Majesty the Queen may, pursuant to "The British North America Act, 1867," be pleased to admit Rupert's Land and the NorthWestern 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 territory 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the Province; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, Repealed. Repealed. R.S.C. sch. A. p. 2280. 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 North-Western 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 shall be called the Province of Manitoba, and be bounded 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 North-Western Territory), to the meridian of ninety-nine degrees of 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 ninetysix degrees west longitude to the place of the beginning. [Rupert's Land and the North-Western Territory were admitted 15th July, 1870, under order of Her Majesty-in-Council of the 23rd June, 1870. The above boundaries were enlarged by 44 V. c. 14 (D), and 44 V. 3rd Sess. c. 1 (M), and again enlarged by 2 Geo. 5, c. 32 (D), and 2 Geo. 5, c. 6, (M). [For present boundaries, see post p. 106.] 2. On, from and after the said day on which the order of the Queen-in-Council shall take effect as aforesaid, the provisions of "The British North America Act, 1867," shall, except those parts thereof which are in terms made or, by reasonable intendment, may be held to be specially applicable to, or only to effect one or more, but not the whole, of the Provinces now composing the Dominion, and except so far as the same may be varied by this Act, be applicable to the Province of Manitoba, in the same way, and to the like extent as they apply to the several Provinces of Canada, and as if the Province of Manitoba had been one of the Provinces originally united by the said Act. 3. The said Province shall be represented in the Senate of Canada by two members, until it shall have, according to decennial census, a population of fifty thousand souls, and also has been from thenceforth it shall be represented therein by three Replaced by R.S.C. c. 12, s. 1, which repealed. See members, until it shall have, according to decennial census, rec. 1908. a population of seventy-five thousand souls, and from thence- p. 2941. forth it shall be represented therein by four members. [Manitoba is now represented in the Senate by four members. See 2 Geo. 5, c. 32, 8. 7 (D).] Repealed. sch. A, 4. The said Province shall be represented, in the first R.8.C. 1886, instance, in the House of Commons of Canada, by four p. 2280. members, and for that purpose shall be divided, by proclamation of the Governor-General, into four electoral districts, each of which shall be represented by one member: Provided that on the completion of the census in the year 1881, and of each decennial census afterwards, the representation of the said Province shall be re-adjusted according to the provisions of the fifty-first section of "The British North America Act, 1867." [Manitoba is now represented in the House of Commons by ten members. See R.S.C. 1906, c. 5, s. 3.] R.S.C. 1886, p. 2280. 5. Until the Parliament of Canada otherwise provides Repealed. the qualification of voters at elections of members of the sch. A, House of Commons shall be the same as for the Legislative Assembly hereinafter mentioned; and no person shall be qualified to be elected, or to sit and vote, as a member for any electoral district, unless he is a duly qualified voter within the said Province. [For present qualifications of voters and members see R.S.C. 1906, c. 6.] 6. For the said Province there shall be an officer styled the Lieutenant-Governor, appointed by the Governor-General-in-Council, by instrument under the great seal of Canada. 7. The Executive Council of the Province shall be composed of such persons, and under such designations, as the Lieutenant-Governor shall, from time to time, think fit; and, in the first instance, of not more than five persons. 8. Unless and until the Executive Government of the Province otherwise directs, the seat of government of the same shall be at Fort Garry, or within one mile thereof. 9. There shall be a Legislature for the Province, consisting of the Lieutenant-Governor and of two houses, styled respectively the Legislative Council of Manitoba and the Legislative Assembly of Manitoba. [The Legislative Council was abolished by Act of the Provincial 10. The Legislative Council shall, in the first instance, be composed of seven members, and after the expiration of four years from the time of the first appointment of such seven members, may be increased to not more than twelve members. Every member of the Legislative Council shall be appointed by the Lieutenant-Governor in the Queen's name, by instrument under the great seal of Manitoba, and shall hold office for the term of his life, unless and until the Legislature of Manitoba otherwise provides under "The British North America Act, 1867." 11. The Lieutenant-Governor may, from time to time, by instrument under the great seal, appoint a member of the Legislative Council to be Speaker thereof, and may remove him and appoint another in his stead. 12. Until the Legislature of the Province otherwise provides, the presence of the majority of the whole number of the Legislative Council, including the Speaker, shall be necessary to constitute a meeting for the exercise of its powers. 13. Questions arising in the Legislative Council shall be decided by a majority of voices, and the Speaker shall, in all cases, have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 14. The Legislative Assembly shall be composed of twenty-four members, to be elected to represent the electoral divisions into which the said Province may be divided by the Lieutenant-Governor, as hereinafter mentioned. [The Legislative Assembly is now composed of forty-two members. See post p. 1412.] a 15. The presence of a majority of the members of the Legislative Assembly shall be necessary to constitute meeting of the House for the exercise of its powers; and for that purpose the Speaker shall be reckoned as a member. [By Act of the Legislature, 51 V. c. 29, s. 9, the quorum was fixed at ten members, including the Speaker. See post p. 1413.] 16. The Lieutenant-Governor shall (within six months of the date of the order of Her Majesty in Council, admitting Rupert's Land and the North-Western Territory into the Union), by proclamation under the great seal, divide the said Province into twenty-four electoral divisions, due regard being had to existing local divisions and population. [The number and boundaries of the electoral divisions are now fixed |