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This Act is current to November 14, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Boundary Act

[RSBC 1996] CHAPTER 32

Contents
Part 1 — British Columbia — Alberta Boundary
1Definitions
2Boundary
2.1Application of Constitutional Amendment Approval Act
3Boundary commissioners
4Settlement of disputes
5Establishment of surveyed boundary
6Mapping the provisional boundary line
7Recording boundary alterations
8Canada not bound to pay costs
9Power to make regulations
Part 2 — British Columbia — Yukon — Northwest Territories Boundaries
10Legislative consent

Part 1 — British Columbia — Alberta Boundary

Definitions

1   In this Part:

"boundary" means the boundary line between British Columbia and Alberta;

"boundary commissioners" means the boundary commissioners referred to in section 3;

"conventional boundary line" means those portions of the boundary marked on the ground by survey monuments and shown on the map sheets by a series of straight lines connecting the survey monuments;

"map sheets" means the surveys or maps entitled "Boundary between Alberta and British Columbia" and deposited with the Surveyor General of Canada at Ottawa and with the boundary commissioners of Alberta and British Columbia at Edmonton and Victoria, respectively, comprising

(a) Part I containing sheets 1 to 16A surveyed between 1913 and 1916,

(b) Part II containing sheets 17 to 29B surveyed between 1917 and 1921,

(c) Part III containing sheets 29 to 54 surveyed between 1918 and 1924,

(d) Part IV containing sheets 55 to 66 surveyed between 1950 and 1953, and

(e) revisions or supplements to sheets 1 to 66, depicting the boundary and alterations to it, made under section 43 of the Constitution Act, 1982 or earlier applicable law;

"sinuous boundary line" means those portions of the boundary along the natural line of watershed that are indicated on the map sheets by a series of broken lines.

Boundary

2   The boundary consists of the conventional boundary line and the sinuous boundary line as those lines existed on September 25, 1989, and as they are altered from time to time under section 43 of the Constitution Act, 1982.

Application of Constitutional Amendment Approval Act

2.1   The Constitutional Amendment Approval Act does not apply in relation to a resolution under section 43 of the Constitution Act, 1982 that authorizes an alteration to the boundary between British Columbia and Alberta if

(a) the alteration is for the purpose of substituting a conventional boundary line for a sinuous boundary line, and

(b) the boundary commissioners unanimously agree to the alteration.

Boundary commissioners

3   (1) The Lieutenant Governor in Council may appoint a boundary commissioner who, subject to subsection (2), has the power and duty, in cooperation with the boundary commissioner appointed by Alberta and the boundary commissioner appointed by Canada,

(a) for the purpose of substituting a conventional boundary line for the sinuous boundary line, to survey the boundary line or any part of it that the boundary commissioners unanimously select to be surveyed,

(b) to locate the position of the sinuous boundary line on the ground and to amend its depiction on the map sheets where necessary to remove ambiguity,

(c) to settle any problem or dispute that is referred to the boundary commissioners respecting the location of the boundary,

(d) to establish, restore and maintain survey monuments and other physical evidence of the boundary, and

(e) to do all acts or things necessary or incidental to the exercise of powers or functions of a boundary commissioner under this Part.

(2) No obligation assumed by the boundary commissioner on behalf of British Columbia under subsection (1) is binding on British Columbia unless it is approved by the Lieutenant Governor in Council.

Settlement of disputes

4   A problem or dispute respecting the location of the boundary on the ground in relation to a sinuous boundary line must be referred to the boundary commissioners.

Establishment of surveyed boundary

5   (1) If the boundary commissioners unanimously agree that a portion of the sinuous boundary line be surveyed and monumented in a case where no problem or dispute has been referred to them under section 4, then on the unanimous approval of the boundary commissioners of the completed survey and monumenting, but subject to confirmation by the Lieutenant Governor in Council, that portion is established as a provisional conventional boundary line.

(2) If a problem or dispute respecting the location of the boundary on the ground in relation to a sinuous boundary line is under section 4 referred to the boundary commissioners, the boundary commissioner of British Columbia may, in cooperation with the other boundary commissioners, cause the relevant portion of the sinuous boundary line to be surveyed and monumented.

(3) If a majority of the boundary commissioners approves the completed survey and monumenting of the relevant portion of the sinuous boundary line referred to in subsection (2), that portion is, subject to confirmation by the Lieutenant Governor in Council, established as a provisional conventional boundary line.

(4) For the purpose of joining provisional conventional boundary lines surveyed and monumented under this section to the sinuous boundary line, the boundary commissioners may draw a series of broken lines which, subject to confirmation by the Lieutenant Governor in Council, is established as a provisional sinuous boundary line.

Mapping the provisional boundary line

6   If a provisional boundary line is established under section 5, the minister must

(a) cause to be prepared revisions or supplements to the map sheets, as necessary to reflect the provisional boundary line so established, and

(b) as soon as practicable, inform the Legislative Assembly of the particulars of the provisional boundary line.

Recording boundary alterations

7   (1) When all things necessary to alter the boundary under section 43 of the Constitution Act, 1982 have been completed, the minister must cause the map sheets on deposit with the boundary commissioner of British Columbia to be revised or supplemented to reflect the alteration of the boundary.

(2) The registrar of the land title office in which the titles to the land affected by an alteration of the boundary referred to in subsection (1) are registered must make all necessary amendments to the records of the land title office.

Canada not bound to pay costs

8   Despite any other provision of this Part, or any agreement entered into under this Part, Canada is not bound or liable to pay any costs in respect of this Part or any agreement entered into under this Part, except costs that Canada may incur for boundary inspections and meetings of the boundary commissioners.

Power to make regulations

9   The Lieutenant Governor in Council may make regulations for this Part referred to in section 41 of the Interpretation Act.

Part 2 — British Columbia — Yukon — Northwest Territories Boundaries

Legislative consent

10   The Legislature of British Columbia consents that the Parliament of Canada declare that the line surveyed by the Department of the Interior of Canada from 1899 to and including 1908 and by the British Columbia Yukon Northwest Territories Boundary Commission from 1943 to and including 1959 shown on 36 map sheets entitled British Columbia and the Yukon and the Northwest Territories Boundary signed by the Commissioners and deposited in the office of the Surveyor General of British Columbia to be the boundary line between British Columbia and the Yukon and the Northwest Territories, whether or not it increases, diminishes or otherwise alters the territory of British Columbia.