Flin Flon Extension of Boundaries Act, 1952, SS 1952, c 62

The Flin Flon Extension of Boundaries Act, 1952 being Chapter 62 of the Statutes of Saskatchewan, 1952 (effective December 20, 1954). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. Table of Contents Preamble 1 Short title 2 Interpretation 3 Government of municipal and educational matters 4 Appointed days 5 Powers of Lieutenant Governor in Council 6 Construction of Act 7 Reports 8 Retrospective orders 9 Disposal of property 10 Delegation of powers 11 Removal of difficulties arising on change in administration 12 Crown rights not affected 13 Annual taxes 14 Debentures 15 Coming into force CHAPTER 62 An Act to provide for the Joint Administration of the Town of Flin Flon in Manitoba and a Boundary Area in Saskatchewan and any Approved Outlying Areas in Manitoba and Saskatchewan (Assented to April 4, 1952) Preamble WHEREAS it is desirable that provision should be made for the central administration of the municipal, school and other local affairs of the Town of Flin Flon in the Province of Manitoba (hereinafter called “the town”) and a portion of the Province of Saskatchewan (hereinafter called “the boundary area”) and any approved outlying areas in the Provinces of Manitoba and Saskatchewan; and Whereas the effective central administration of an area can only be based upon the identity of the laws applicable to the component parts thereof; and Whereas it is anticipated that an Act in terms similar to those of this Act will be passed by the Legislature of Manitoba : Now therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title 1 This Act may be cited as The Flin Flon Extension of Boundaries Act, 1952. Interpretation 2 In this Act the expression: “approved Act” 1 “approved Act” means an Act, or part of an Act, of either of the provinces made applicable to a part of the other province under the provisions of this Act or The Flin Flon Extension of Boundaries Act, 1952, of Manitoba; “approved outlying area” 2 “approved outlying area” means any part of the province joined with the boundary area for the purpose of any municipal, school or other local matter; “boundary area” 3 “boundary area” means that portion of the province described as follows: that portion of the north-east quarter of section thirty-five (35) in township sixty-six (66) in range thirty (30) west of the First Meridian lying east of parcel “A” as shown on plan No. B.Q. 53 of record in the land titles office for the Prince Albert Land Registration District, the north half of section thirty-six (36) in the said township and range excepting that portion thereof included in the said parcel “A”, and that portion of the road allowance adjoining the northerly limit of the above described lands lying south of the interprovincial boundary between the provinces of Manitoba and Saskatchewan; “complementary order in council” 4 “complementary order in council” means an order in council expressed as being complementary to an order in council issued under the provisions of The Flin Flon Extension of Boundaries Act, 1952, of Manitoba; 4 c. 62 FLIN FLON EXTENSION OF BOUNDARIES, 1952 “composite area” 5. “composite area” means the boundary area and the town together, where the context so requires, with any approved outlying area. 1952, c.62, s.2. Government of municipal and educational matters 3 From and after the appointed day: (a) the boundary area as part of the composite area shall be governed by a council to be elected under the provisions of an approved Act for the government of the composite area; (b) educational matters relating to schools in the boundary area shall be governed by a board of trustees to be elected under the provisions of an approved Act; (c) any institution, works, construction, improvement or service with respect to which an agreement might be entered into under the provisions of The Border Areas Act shall be subject to a governing authority elected or otherwise ascertained under the provisions of an approved Act. 1952, c.62, s.3. Appointed days 4(1) Appointed days shall be fixed by a complementary order in council. (2) An appointed day may be fixed with respect to all or any of the matters mentioned in this Act. 1952, c.62, s.4. Powers of Lieutenant Governor in Council 5 A complementary order in council may: (a) apply the provisions of any Act of Manitoba or of any part thereof, either with or without modification, to the boundary area or to any approved outlying area; (b) declare that any Act of Saskatchewan, or any part thereof, shall cease to operate with respect to the boundary area or to any approved outlying area; (c) if any difficulty arises in the application of any Act of Manitoba or of any part thereof, or in bringing into operation any of the provisions thereof, make such provisions for removing the difficulty as the Lieutenant Governor in Council may judge necessary for that purpose and in so doing may modify the provisions of any such Act in so far as the boundary area or any approved outlying area is concerned; (d) apply the provisions of sections 25a to 25h of The Community Planning Act, 1945, to all that portion of the south half of section thirty-six in township sixty-six in range thirty West of the First Meridian lying east of parcel “A” as shown on plan No. B.Q. 53 of record in the land titles office for the Prince Albert Land Registration District or to any approved outlying area in Saskatchewan and if any difficulty arises in the application of such provisions, or in bringing them into operation, make such provisions for removing the difficulty as the Lieutenant Governor in Council may judge necessary for that purpose; 5 FLIN FLON EXTENSION OF BOUNDARIES, 1952 c. 62 (e) declare that all or any persons resident in or at any time in the boundary area or any approved outlying area shall for the purposes mentioned in the order in council, and for such purposes only, be subject to the same laws and liabilities, and possess the same rights as if they were resident in or were in the town; (f) direct that any Act or part thereof shall be read so far as possible as if the town and the boundary area or any approved outlying area mentioned in the order formed a town or other separate area or district, subject to the legislative authority of Manitoba; (g) provide for the holding of elections or the doing of any thing whether required by an approved Act or not, which should in the opinion of the Lieutenant Governor in Council be done prior to an appointed day; (h) appoint a committee with authority to redraft any approved Act or Acts in conformity with the provisions of this Act and any order in council issued under the provisions thereof, with the intention that such redrafted Act or Acts shall serve as the charter of the composite area, which conformity shall be conclusively presumed upon the redrafted Act or Acts being approved by complementary orders in council; (i) prescribe procedure to be followed in any matter required or permitted to be done by this Act or any order in council made under the provisions thereof, whether other procedure is prescribed by an approved Act or not; (j) make rules and regulations calculated to carry out the general intent of this Act, which rules and regulations shall have the same force and effect as if they were set out herein; (k) in particular, but without in any way affecting the generality of the powers hereinbefore conferred, change the provisions of any Act: (i) to provide for the imposition and collection of municipal, school or other taxes, not being provincial taxes, in the boundary area or any approved outlying area in the same manner and to the same amount as if the boundary area or the approved outlying area were a part of the town; (ii) to provide that a magistrate having jurisdiction in the town and the police of such town shall have all such jurisdiction in the boundary area or approved outlying area as they possess in the town and as is derived from the authority of Manitoba; (iii) to confer and impose upon the council of the composite area all of the rights and liabilities attributable to the boundary area arising from contract or otherwise; (iv) to provide for the substitution of any authority mentioned in any approved Act for any authority which otherwise would have jurisdiction in the matter under the legislation of the province; (v) to give a name to the composite area; (vi) to provide for the payment of grants to the council of the composite area which would otherwise be payable to some other local authority; (vii) to provide for the transfer of all or part of the property in the boundary area vested in Her Majesty in the right of Province of Saskatchewan to the council of the composite area. 1952, c.62, s.5. 6 c. 62 FLIN FLON EXTENSION OF BOUNDARIES, 1952 Construction of Act 6 In the event of there being any conflict between the provisions of this Act or any order in council made thereunder and those of any other Act, either direct or arising by implication, the provisions of this Act and any such order in council shall prevail. 1952, c.62, s.6. Reports 7 Whenever in any approved Act it is directed that a report shall be made to the Lieutenant Governor of Manitoba or to any minister of the Government of Manitoba, a similar report shall be made to the Lieutenant Governor in Council or a minister of Saskatchewan. 1952, c.62, s.7. Retrospective orders 8 Any order in council made under the provisions of this Act may be expressed to have a retroactive operation and thereupon shall have such operation. 1952, c.62, s.8. Disposal of property 9 The council of the composite area shall hold all property, or the proceeds thereof, for the component parts thereof, but this provision shall not prevent the council from disposing of or dealing with any property in accordance with the provisions of any approved Act. 1952, c.62, s.9. Delegation of powers 10 The Lieutenant Governor in Council may delegate any of the duties or powers conferred or imposed upon him by this Act to any minister of the Crown. 1952, c.62, s.10. Removal of difficulties arising on change in administration 11 If any difficulty is occasioned by the boundary area or any approved outlying area falling under the provisions of an approved Act in lieu of the Act previously governing the administration of the boundary area or such outlying area in respect of the matter in question, then the Lieutenant Governor in Council may make any regulations which seem to him necessary or convenient to facilitate the passing from one Act to an other, and all such regulations shall have the same effect as if they were set out herein, notwithstanding that they may in some particular or particulars affect the substantive rights of a person or persons. 1952, c.62, s.11. Crown rights not affected 12 Subject to the provisions of section 13, this Act shall not affect any taxes payable to the Crown nor the collection thereof, nor any other right of the Crown. 1952, c.62, s.12. 7 FLIN FLON EXTENSION OF BOUNDARIES, 1952 c. 62 Annual taxes 13 The council of the composite area shall, upon learning the amount of the Municipal Commissioner’s levy of Manitoba and the amount of the public revenues tax imposed by the Legislature of Saskatchewan, pay such amounts to the respective Governments and shall strike one general rate over the whole composite area to defray the amount of such payments. 1952, c.62, s.13. Debentures 14 Every debenture issued by the council of the composite area shall upon being countersigned by the Minister of Municipal Affairs or the Deputy Minister of Municipal Affairs have the same effect upon the property of the council situated in Saskatchewan and the rates and taxes payable in respect of property or persons therein as if the boundary area were a town and the debenture were a debenture countersigned by the minister or deputy minister under the provisions of section 363 of The Town Act, 1947, and as if the council of the composite area were the council of such town. 1952, c.62, s.14. Coming into force 15 This Act shall come into force on a day to be fixed by proclamation of the Lieutenant Governor. 1952, c.62, s.15. REGINA, SASKATCHEWAN Printed by the authority of The King’s PrinTer Copyright©2024