British North America Act, 1930

Contents
British North America Act, 1930
 * 1. Confirmation of scheduled agreements.
 * 2. Extension of scheduled agreement relating to Alberta.
 * 3. Short title.

Schedule to the British North America Act, 1930: (1.) Manitoba
 * Memorandum of Agreement
 * Transfer of Public Lands Generally.
 * School Lands Fund and School Lands.
 * Water.
 * Fisheries.
 * Indian Reserves.
 * Soldier Settlement Lands.
 * National Park.
 * Seed Grain, Etc. Liens.
 * General Reservation to Canada.
 * Historic Sites, Bird Sanctuaries, Etc.
 * Financial Terms.
 * Records.
 * Amendment of Agreement.
 * When Agreement Comes Into Force.
 * Signatures.
 * Schedule
 * Control of Lake of the Woods
 * Regulation under Concurrent Legislation
 * Lac Seul
 * International Questions
 * Signatures.

Schedule to the British North America Act, 1930: (2.) Alberta
 * Memorandum of Agreement
 * Transfer of Public Lands Generally.
 * School Lands Fund and School Lands.
 * Water.
 * Fisheries.
 * Indian Reserves.
 * Soldier Settlement Lands.
 * National Park.
 * Seed Grain, Etc. Liens.
 * General Reservation to Canada.
 * Historic Sites, Bird Sanctuaries, Etc.
 * Financial Terms.
 * Records.
 * Amendment of Agreement.
 * When Agreement Comes Into Force.
 * Signatures.
 * Schedule

Schedule to the British North America Act, 1930: (3.) Saskatchewan
 * Memorandum of Agreement
 * Transfer of Public Lands Generally.
 * School Lands Fund and School Lands.
 * Water.
 * Fisheries.
 * Indian Reserves.
 * Soldier Settlement Lands.
 * National Park.
 * Seed Grain, Etc. Liens.
 * General Reservation to Canada.
 * Historic Sites, Bird Sanctuaries, Etc.
 * Financial Terms.
 * Records.
 * Amendment of Agreement.
 * When Agreement Comes Into Force.
 * Reservation of Rights.
 * Signatures.

Schedule to the British North America Act, 1930: (4.) British Columbia
 * Memorandum of Agreement
 * Transfer of Railway Belt and Peace River Block Generally.
 * Ordnance and Admiralty Lands.
 * Public Works.
 * Harbours.
 * Sumas Dyking Lands.
 * Indian Reserves.
 * Parks.
 * Soldier Settlement Lands.
 * Seed Grain, Etc. Liens.
 * Historic Sites, Bird Sanctuaries, Etc.
 * General Reservation to Canada.
 * Subsidy Continued.
 * Records.
 * Amendment of Agreement.
 * When Agreement Comes Into Force.
 * Signatures.
 * Schedule One: Warf Locations
 * Schedule Two: National Parks

Whereas by section thirty of the Manitoba Act, 1870, being chapter three of thirty-three Victoria, it was provided that all ungranted or waste lands in the Province should be vested in the Crown and administered by the Government of Canada for the purposes of the Dominion, subject to the conditions and stipulations contained in the Agreement for the surrender of Rupert's Land by the Hudson's Bay Company to Her Majesty:

And whereas the boundaries of the Province as defined by the Manitoba Act, 1870 were altered and the area included in the said Province enlarged by the statutes forty-four Victoria chapter fourteen, and two George the Fifth chapter thirty-two:

And whereas by an Order in Council adopted upon a report from the Right Honourable W.L. Mackenzie King, Prime Minister of Canada, and approved by His Excellency the Governor General on the first day of August, 1928, it was provided, pursuant to an agreement in that behalf entered into with representatives of the Government of the Province that the Province would be placed in a position of equality with the other provinces of Confederation with respect to the administration and control of its natural resources as from its entrance into Confederation in 1870, that a commission of three persons would be appointed to inquire into and report as to what financial readjustments should be made to effect that end and that upon agreement between the Government of Canada and the Government of the Province upon the financial terms, following consideration of the report of the Commission, a transfer would be made by Canada to the Province of the unalienated natural resources within the boundaries of the Province subject to any trust existing in respect thereof and without prejudice to any interest other than that of the Crown in the same:

And whereas a Commission, composed of the Honourable Mr. Justice W.F.A. Turgeon, the Honourable Thomas Alexander Crerar and Charles M. Bowman, Esquire, was appointed to conduct an inquiry into the financial readjustments involved in the proposed transfer, and the Commission has since reported its findings and these findings have been accepted and agreed to by the Government of Canada and the Government of the Province:

And whereas it is now expedient, in order to carry out the purpose of the aforesaid Order in Council and to give effect to the agreement arrived at in the premises between the Government of Canada and the Government of the Province, to modify the provisions of the statutes above referred to as herein set out:

Now Therefore This Agreement Witnesseth:

Present:

Representing the Dominion Government:

Right Honourable Mackenzie King, Prime Minister; Honourable Charles Stewart, Minister of the Interior; Mr. W.W. Cory, Deputy Minister of the Interior.

In attendance:

Mr. W.J. Stewart and Mr. J.B. Challies, Consulting Engineers to the Department of External Affairs; Mr. S.S. Scovil, Engineer of Lake of the Woods Control Board.

Representing the Province of Ontario:

Honourable E.C. Drury, Premier.

In attendance:

Mr. H.G. Acres and Mr. L.V. Rorke.

Representing the Province of Manitoba:

Honourable John Bracken, Premier Honourable R.W. Craig, Attorney-General; also Honourable T.H. Johnson, K.C. Counsel.

This agreement, as a working basis for the regulation of the English and Winnipeg rivers, is entered into on the understanding that all parties are agreeable to the repeal of the Lake of the Woods Regulation Act, 1920, but Ontario does not bind itself to the terms of this agreement in the event of that Act not being repealed.

The Government representatives agreed that the general advantage legislation could be rescinded on the following basis (Mr. Bracken undertaking to urge the acceptance thereof by the Manitoba power interests):

1. Control of Lake of the Woods:

The recommendation of the Lake of the Woods Control Board that the Norman Darn be expropriated was agreed to in principle.

It was further understood that the Board should immediately investigate and report to the three governments concerned, whether--


 * (1) There is some alternative method of securing control by construction of a new structure above the present dam or otherwise;
 * (2) Failing such an alternative being found, under what procedure and whether under Federal or Provincial auspices should the dam be expropriated.


 * The cost of securing the results contemplated under either (1) or (2) above should be borne on the following basis:--

One ­third of the total cost to be attributable to navigation and borne by the Federal Government;

The remaining two ­thirds to be considered chargeable to power, to be borne in the first instance by the expropriating Government, but


 * (1) Ontario to be responsible for the share chargeable to the undeveloped power site at White Dog Falls;
 * (2) The Federal Government (as proprietors of the water powers on the Winnipeg river in Manitoba) to be responsible in the first instance for the amount chargeable to the remaining fall of the Winnipeg river in the Province of Manitoba; the Department of the Interior to recover cost of same from the present power developments on the river and from prospective power developments on such basis as that Department may consider advisable.

So far as the amount chargeable to power is concerned, the basis of settlement between the Dominion Government and the Province of Ontario should be that of the ratio of potential head in Ontario and Manitoba.

2. Regulation under Concurrent Legislation:

It was agreed that the Lake of the Woods Control Board should be instructed to immediately canvass the necessities of the situation and make appropriate recommendations to the Governments of Canada and Ontario with a view to having approved and authorized whatever operating regulations are considered necessary to make practically effective the existing concurrent legislation.

3. Lac Seul:

With regard to storage on Lac Seul, it is agreed that if the power interests in Manitoba or their administrative agency desire storage on Lac Seul, they shall immediately notify the Government of Ontario to this effect. In the event of such notification the Government of Ontario shall undertake not to permit the construction of any development which would later be destroyed, wholly or in part, by the creation of this storage, and shall agree to grant flooding rights, on Crown Lands affected, under the customary conditions, including recompense for timber destroyed, and the usual rental for water powers which may be wholly or partially destroyed incidental to the construction of the said works. Further, the power interests benefited shall be prepared, when required by the Government of Ontario, to pay the said Government an amount to be ascertained by the Control Board, sufficient to pay the difference between the cost of power feasible of development at Pelican Falls and the cost of a similar amount of power to be developed at some other possible site designated by the Government of Ontario and delivered at Sioux Lookout at a distribution voltage.

It is agreed that whatever storage scheme may be worked out covering Lac Seul shall be under the jurisdiction of the Lake of the Woods Control Board, the cost of the same to be borne by the power interests as and when benefited.

4. International Questions:

With regard to the international issues it was unanimously agreed that there was not sufficient data to enable a commitment at the present stage with regard to storage and regulation on Rainy and upper international lakes, and that in any case all the interests concerned, governmental, municipal, corporate and private, on both sides of the boundary, should be afforded the opportunity and the advantage of presenting their views, and of hearing the views of others presented, to the International Joint Commission.

It was further agreed that the basis for an international arrangement between the two countries arrived at by the technical advisers of the United States and Canada at Washington in December, should be adhered to, namely:--


 * (a) An immediate settlement by treaty of the Lake of the Woods issues; and
 * (b) Concurrent with the ratification of such a treaty, an appropriate reference to the International Joint Commission respecting Rainy and upper lakes matters.

It was further agreed that once a reference of the upper lakes matter has been agreed to, the Canadian Governments, Dominion and Provincial, should facilitate in every possible way, a thorough investigation and an early report by the International Joint Commission, but that pending such a report, the Dominion Government could not make any commitment as to policy.

With regard to financial obligations arising under settlement of the Lake of the Woods issues it was agreed that the same should be borne by the respective Governments on the same basis as that set out above for the acquirement of the Norman Dam.

(Signed) E.C. DRURY

For the Government of Ontario

(Signed) JOHN BRACKEN

For the Government of Manitoba

(Signed) W. L. MACKENZIE KING

For the Government of Canada

Whereas by section twenty­one of the Alberta Act, being chapter three of four and five Edward the Seventh, it was provided that "All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters within the Province under the North­west Irrigation Act, 1898, 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, which shall apply to the said Province with the substitution therein of the said Province for the North­west Territories":

And whereas it is desirable that the Province should be placed in a position of equality with the other Provinces of Confederation with respect to the administration and control of its natural resources as from its entrance into Confederation in 1905:

And whereas it has been agreed between Canada and the said Province that the provisions of the Alberta Act should be modified as herein set out:

Now Therefore This Agreement Witnesseth:

Whereas by section twenty­one of the Saskatchewan Act, being chapter forty­two of the four and five Edward the Seventh, it was provided that "All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters within the Province under the North­West Irrigation Act, 1898, 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, which shall apply to the said Province with the substitution therein of the said Province for the North­West Territories":

And whereas the Government of Canada desires that the Province should be placed in a position of equality with the other provinces of Confederation with respect to the administration and control of its natural resources as from its entry into Confederation in 1905:

And whereas the Government of the Province contends that, before the Province was constituted and entered into Confederation as aforesaid, the Parliament of Canada was not competent to enact that the natural resources within the area now included within the boundaries of the Province should vest in the Crown and be administered by the Government of Canadafor the purposes of Canada and was not entitled to administer the said natural resources otherwise than for the benefit of the residents within the said area, and moreover that the Province is entitled to be and should be placed in a position of equality with the other Provinces of Confederation with respect to its natural resources as from the fifteenth day of July, 1870, when Rupert's Land and the North­Western Territory were admitted into and became part of the Dominion of Canada:

And whereas it has been agreed between Canada and the said Province that the said section of the Saskatchewan Act should be modified and that provision should be made for the determination of the respective rights and obligations of Canada and the Province as herein set out:

Now Therefore This Agreement Witnesseth:

Whereas pursuant to paragraph eleven of the Terms of Union between the Dominion of Canada and the then Colony of British Columbia and to certain statutes of the Legislature of the Province of British Columbia, being chapter eleven of the statutes of the year eighteen hundred and eighty, chapter fourteen of the statutes of the year eighteen hundred and eighty-three, and chapter fourteen of the statutes of the year eighteen hundred and eighty­four, there were granted by the Province to Canada certain Crown lands in the Province by way of consideration for Canada's undertaking to secure the construction of a railway to connect the seaboard of the Province with the railway system of Canada and of Canada's paying to the Province from the date of the Union an annual sum of one hundred thousand dollars, the said Crown lands being defined in the statutes aforesaid and having become known as the Railway Belt and the Peace River Block;

And whereas a railway such as is described in paragraph eleven of the Terms of the Union has been duly constructed and is in operation, and the Province has requested the re­transfer to it of such of the lands in the said Railway Belt and Peace River Block as remain unalienated;

And whereas the Honourable W.M. Martin, one of the Judges of the Court of Appeal for the Province of Saskatchewan, having by Order in Council dated the eighth day of March, 1927 (P.C. 422) been appointed a commissioner under Part One of the Inquiries Act to receive and inquire into the arguments of the Government of the Province of British Columbia in support of its claim for the reconveyance of the said lands to the Province, submitted his report as such commissioner in which he expressed the opinion that the Province could not by reason of its own agreements and statutes advance any legal claim, but that its request should be considered from the standpoint of fairness and justice rather than from the strictly legal and contractual position, and in which he recommended that the said lands should be restored;

And whereas Canada has agreed accordingly to re­transfer the said lands to the Province on the terms hereinafter set out:

Now This Agreement Witnesseth that the parties have agreed as follows: