An Act respecting the National Battlefields at Quebec (S.C. 1908, c. 57)

RELATED PROVISIONS

• — 1908, c. 58, s. 1

  • Power to acquire property

    1 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the lands and immovable property set forth and described in the schedule to this Act.

• — 1908, c. 58, Sch.

  • SCHEDULE

    • 1 A tract of land on the north side of the Ste. Foye road, belonging to the heirs Tourangeau and others, (site of the battle of Ste. Foye, — a part of which surrounds the lot of land upon which is erected a monument to the memory of General Lévis and General Murray, — “Monument des Braves”), and which is bounded as follows, viz.:

      In front to the south by the Ste. Foye road, in rear to the north by the brow of the hill (Cime du Cap), on one side towards the east by lot number twenty-five, belonging to I. A. Fortin, and on the other side towards the west by lot number twenty-eight, belonging to the representatives of the late J. W. Dunscomb.

      Which said tract of land was formerly known and distinguished as lot number twenty-six (26) upon the official cadastral plan for the Banlieue, parish of Notre Dame de Quebec, but which lot has since been subdivided, and the said tract of land is now known and distinguished by different numbers, all of which are subdivisions of the said original lot number twenty-six, together with and including all or any part of the said original lot number twenty-six, as the same is now laid out and shown on the plan of the subdivision of the said lot number twenty-six as streets or avenues, and including all or any dwelling houses or other buildings of any kind erected on the said tract of land.

    • 2 A strip of land on the south side of the said Ste. Foye road, to be taken off the front or northerly end of lots numbers sixty-eight (68), seventy-five (75) and seventy-six (76) and seventy-nine (79) on the cadastral plan for the said Banlieue, parish of Notre Dame de Quebec, the said strip of land to be of such a depth as, when the same is added to the present width of the said Ste. Foye road, will make the said road seventy-five feet wide in that locality.

    • 3 A strip of land on the east side of the Belvedere road, to be taken off the west side of the said lot number sixty-eight (68) above mentioned, and off the front or west end of lots numbers sixty-nine (69), seventy (70), seventy-one (71), seventy-two (72) and seventy-three (73) on the cadastral plan for the said Banlieue, parish of Notre Dame de Quebec, the said strip of land to be of such a depth as, when the same is added to the present width of the said Belvedere road, will make the said road seventy-five feet wide from one end of the same to the other.

    • 4 A strip of land on the north side of the St. Louis road (starting from the junction of the said Belvedere road and the said St. Louis road and running in a westerly direction) to be taken off the south side of lot number two hundred and twenty-six (226) — the front or south end of lot number two hundred and twenty (220) — and about one-third of the whole frontage or south end of lot number two hundred and eighteen (218) upon the cadastral plan for the Parish of St. Colomba de Sillery. The said strip of land to be of such a depth as, when the same is added to the present width of the said St. Louis road, will make the said road seventy-five feet wide in that locality, — with any houses or buildings to be found on the said strip of land.

    • 5 A strip of land on the west side of “Gilmour’s Hill” (which leads from the St. Louis road to “Wolfe’s Cove”) starting from the junction of said “Gilmour’s Hill” with the said St. Louis road and running in a southerly and south easterly direction as far as the brow of the hill (Cime du Cap) — the said strip of land to be taken off the easterly side of lots numbers two hundred and fourteen (214) — two hundred and seventeen (217) and two hundred and twenty-eight (228), upon the cadastral plan for the said Parish of St. Colomba de Sillery. The said strip of land to be of such a depth as, when the same is added to the present width of “Gilmour’s Hill”, will make the said hill seventy-five feet wide in that locality, together with any houses or other buildings erected on the said strip of land.

    • 6 A strip of land seventy-five feet in width by the whole length of the “Marchmont Property”, now the “Merici Convent” on the west side of the Plains of Abraham — which was formerly distinguished as lot number two hundred and twenty-seven (227) upon the cadastral plan for the said Parish of St. Colomba de Sillery but which is now subdivided into numerous lots, — the said strip of land to be taken as close as may be found to be practicable to the brow of the cliff (Cime du Cap) — and also the whole of the irregular tract of land which will lie between the said strip of land when laid out and the said brow of the hill or Cime du Cap.

    • 7 A tract of land comprising several lots of land with houses and other buildings erected thereon in the neighbourhood of “Wolfe’s Monument”, to the east of the Plains of Abraham, which is bounded as follows: — In front towards the north by St. Louis street or La Grande Allée, in rear towards the south by Monument street (on which street Wolfe’s Monument is erected), on one side towards the east by lot number one hundred and fifty-three and on the other side towards the west by the Plains of Abraham, with the streets intersecting or adjoining same, namely: Wolfe street and Monument street, — the said tract of land comprising the lots numbers one hundred and fifty-two, one hundred and fifty-four, one hundred and fifty-five, one hundred and fifty-six, one hundred and sixty-one, one hundred and sixty-one A, one hundred and sixty-one B, one hundred and sixty-two, one hundred and sixty-three, one hundred and sixty-three A, one hundred and sixty-three B, and one hundred and sixty-four (152, 154, 155, 156, 161, 161A, 161B, 162, 163, 163A, 163B, and 164), on the cadastral plan for the Banlieue Parish of Notre Dame de Quebec.

    • 8 A piece of land forming the southerly part of lot number four thousand four hundred and forty-one (4441) on the cadastral plan for Montcalm Ward of the city of Quebec, containing from five thousand to eight thousand feet in superficies, and a piece of land forming the southerly and south westerly part of lot number four thousand four hundred and forty-two (4442) on the said cadastral plan, containing from twelve thousand to fifteen thousand feet in superficies (said properties belonging to The Ladies Protestant Home of Quebec and the Heirs Lampson respectively).

    • 9 The lot of land originally bearing the number four thousand four hundred and forty (4440) on the cadastral plan for Montcalm Ward of the city of Quebec, which is now subdivided into numerous lots, belonging to The Seminary of Quebec and commonly called “The Seminary Farm”, with the house and other buildings thereon erected.

    • 10 A small piece of land forming the south-east corner of the property of The Church of England Female Orphan Asylum (which adjoins the said Seminary Farm).

    (Sgd.) E. G. MEREDITH,

    Notary Public.

    QUEBEC, July 15th, 1908.

• — 1911, c. 5, s. 1

  • Commission may purchase certain lands

    1 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the whole or part of the lands and immovable properties hereinafter described, namely:

    • (a) The tract of land on the south side of the street called “La Grande Allée”, in the city of Quebec, granted to “The Quebec Skating Club” in virtue of chapter 14 of the statutes of 1891, and fully described therein, with all the buildings erected thereon:

    • (b) The parcels of land bearing numbers 96, 97, 98, 99 and 66 of the subdivision of cadastral lot number 4437 of Montcalm ward of the city of Quebec, including all or any dwelling houses, the tower commonly known as “Martello Tower number two”, or other buildings of any kind erected on these parcels of land:

    • (c) The portions of the lots numbers four thousand four hundred and forty-one (4441) and four thousand four hundred and forty-two (4442) on the cadastral plan for Montcalm ward of the city of Quebec, comprised between the two pieces of land respectively forming part of these lots belonging to The Ladies Protestant Home of Quebec and the Heirs Lampson respectively and mentioned in article 8 of the Schedule to chapter 58 of the statutes of 1908, and a parallel to the northwest side of Tower street drawn across the said lots four thousand four hundred and forty-one and four thousand four hundred and forty-two, from the easternmost corner of lot number four thousand four hundred and forty-three of the cadastre of the said Montcalm ward of the city of Quebec; and the buildings which may be erected thereon:

    • (d) All the lots or parcels of land, portions of lots or parcels of land and projected streets — with any building which may be erected thereon — hereinafter mentioned in this paragraph and lying in the city of Quebec, outside or surrounding a certain tract of land upon which is erected the Quebec jail and its dependencies and which tract of land, also in the city of Quebec, reserved by the Government of the province of Quebec for the purposes of the Quebec jail, is bounded towards the northwest by a line — southeast of Monument Street — in the northeasterly prolongation of the northwest boundary of lots numbers one hundred and sixty — A (160 — A) and one hundred and sixty — B (160 — B) of the cadastre of the Banlieue, parish of Notre-Dame-de-Quebec, towards the southeast by a line parallel to the lower or rear wall of the jail yard and one hundred and fifty feet distant — to the southeast — from the end towers of this wall, towards the northeast by the northeast side of the passage or street along the northeast wall of said jail yard and the fence in prolongation of same, and towards the southwest by a line parallel to the north-easternmost boundary of the Plains of Abraham and at a distance of one hundred and ten feet to the northeast therefrom, and covers a superficial area of three hundred and forty-two thousand nine hundred and fifty square feet more or less, English measure: — the northeast part of lot number four thousand four hundred and forty-seven (4447) bounded towards the southwest by the said tract of land reserved for the purposes of the Quebec jail, lot number four thousand four hundred and forty-eight (4448), those portions of lots numbers four thousand four hundred and forty-nine (4449) and four thousand four hundred and fifty (4450) which lie outside of the said tract of land reserved for the purposes of the Quebec jail; lots numbers four thousand four hundred and fifty-one (4451), four thousand four hundred and fifty-two (4452), four thousand four hundred and fifty-three (4453), four thousand four hundred and fifty-four (4454), four thousand four hundred and fifty-five (4455), four thousand four hundred and fifty-six (4456), four thousand four hundred and fifty-seven (4457), four thousand four hundred and fifty-eight (4458), four thousand four hundred and fifty-nine (4459), four thousand four hundred and sixty (4460), four thousand four hundred and sixty-one (4461), four thousand four hundred and sixty-two (4462), four thousand four hundred and sixty-three (4463), four thousand four hundred and sixty-four (4464), four thousand four hundred and sixty-five (4465), four thousand four hundred and sixty-six (4466), four thousand four hundred and sixty-seven (4467), four thousand four hundred and sixty-eight (4468), four thousand four hundred and sixty-nine (4469) and four thousand four hundred and seventy (4470) of the cadastre of Montcalm ward of the city of Quebec — and also all the intervening projected streets shown on the cadastral plan of the said Montcalm ward of the city of Quebec, mentioned in the descriptions of these lots contained in the book of reference of said cadastre and lying outside of the aforesaid tract of land reserved by the Government of the province of Quebec for the purposes of the Quebec jail: — also the portion of lot number one hundred and sixty (160) lying partly to the northwest and partly to the southwest of the aforesaid tract of land reserved for the purposes of the Quebec jail, the portion of lot number one hundred and fifty-nine (159) lying to the southwest of the same tract of land, the portion of lot number one hundred and sixty-six (166) lying partly to the southwest and partly to the southeast of the same tract of land, said lots numbers one hundred and sixty — A and one hundred and sixty — B (160 — A and 160 — B) and the portions of the two projected streets respectively to the northwest (Tower street) and to the southeast (street unnamed) of the aforesaid portion of lot number one hundred and fifty-nine, all the cadastre of the Banlieue, parish of Notre-Dame-de-Quebec:

    • (e) The lots or parcels of land situated in the vicinity of “Martello Tower, number four”, in the city of Quebec, and bearing respectively numbers one hundred and eighty-eight (188), one hundred and eighty-nine (189) and one hundred and ninety-one (191) of the subdivisions of lot number three thousand seven hundred and fifty-five (3755) of the cadastre of St. John’s ward of the said city of Quebec.

• — 1911, c. 5, s. 2, as amended by 1925, c. 47, s. 2

  • As to rents, dues, etc.

    2 The National Battlefields Commission may, subject to the approval of the Governor in Council, pay or redeem all rents, ground rents or other dues affecting all or any property or properties heretofore or hereafter purchased, acquired or held by it or gratuitously ceded and transferred to it for the purposes of the National Battlefields at Quebec.

• — 1911, c. 5, s. 3

  • Advance to town of Montcalm to acquire certain lands

    3 The National Battlefields Commission may, subject to the approval of the Governor in Council, advance, out of the National Battlefields fund, a sum of money not to exceed fifteen thousand dollars to the municipality of the town of Montcalm or its successors, in order to enable the said municipality to purchase certain lands necessary for the Quebec Battlefields Park, that is to say for the opening of an avenue between St. Louis Road and Ste. Foye Road, in line with the “Monument des Braves”, in the town of Montcalm, which lands are to be, after their purchase by the said municipality, gratuitously ceded and transferred to the said Commission; the sum so advanced by the said Commission to be repaid to the latter by the said municipality or its successors in annual consecutive instalments bearing interest at the rate of three per cent per annum, the term over which the instalments may be spread not to exceed thirty years.

• — 1914, c. 46, s. 4, as amended by 1992, c. 47, s. 80.1, as enacted by 1996, c. 7, s. 41

  • By-laws

    4 The Commission may make by-laws for:

    • (a) the direction, conduct and management of the Commission and its property, real and personal;

    • (b) the time and place for holding meetings of the Commission, the calling of meetings, the quorum thereat, and the procedure at such meetings;

    • (c) the appointment, control, duties and removal of all officers, guardians, agents, technical and professional advisers, and employees of the Commission, and their remuneration;

    • (d) the maintenance, preservation, and protection of the lands, works and other property belonging to the Commission or under its jurisdiction, control or care, and the access of the public thereto;

    • (e) the prevention of injury to or encroachments upon the property of the Commission.

    • Offence and punishment

      2 Every person who contravenes a by-law made under this section is liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or to both.

    • Confirmation of by-laws

      3 No by-law shall have force or effect until confirmed by the Governor in Council and published in The Canada Gazette, and upon such confirmation and publication any by-law made in accordance with this Act shall have the same force and effect as if enacted in this Act.

• — 1925, c. 47, s. 1

  • Commission may purchase certain lands

    1 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the whole or part of the lands and immovable properties hereinafter described, namely:

    • (a) The whole of “Gilmour’s Hill” (which leads from St. Louis road to Wolfe’s Cove).

    • (b) A parcel of land covering about 10,000 square feet to be taken from lot number two hundred and twenty-eight (228) upon the cadastral plan for the Parish of St-Colomban-de-Sillery, in the immediate vicinity of said Gilmour’s Hill.

    • (c) All the portions of the “Marchmont Property”, now the “Merici Convent”, distinguished as lot number two hundred and twenty-seven (227) upon the cadastral plan of the said Parish of St-Colomban-de-Sillery, which are below the brow or the cliff (cime du cap).

    • (d) The whole or portions of lots bearing numbers two hundred and twenty-nine (229), two hundred and thirty (230) and two hundred and thirty-one (231) upon the cadastral plan of the said Parish of St-Colomban-de-Sillery.

    • (e) All the buildings erected on the lands or immovable property mentioned in this Act.

• — 1948, c. 62, s. 2

  • Acquisition of certain lands authorized

    2 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire, and hold the whole or part of the lands and immovable property hereinafter described, namely:

    A tract of land being part of lot No. 232 of the official cadastre of the parish of St. Colomb de Sillery, County of Quebec, situate at the foot of Gilmour Hill and located between the new Champlain road and the old Champlain road, containing in area 47,750 square feet, more or less, more particularly described as follows:

    Commencing at the point of intersection of the Southerly side of the old Champlain road with the line parallel to and thirty-five feet (35’) distant, North Westerly, from the centre line of the new Champlain road, the said point of intersection being hereinafter referred to as point A; thence in a South Westerly direction along a straight line, distant twenty feet (20’) and parallel to the edge of the pavement of the new Champlain road, a distance of three hundred and forty feet (340’) more or less, to a point hereinafter referred to as point B; thence in a South Easterly direction along a straight line at right angle with the preceding line a distance of seventeen feet (17’), more or less; thence in a South Westerly direction along a straight line, in the same direction as the line joining points A and B hereinbefore mentioned, a distance of one hundred and forty feet, (140’) more or less; thence in a South Westerly direction along a straight line making a deflection angle of 20° 45’ to the left with the preceding line a distance of ninety feet (90’), more or less; thence in a Southerly direction along a straight line parallel to and distant twenty feet (20’) Westerly from the Western edge of pavement of the new Champlain road, a distance of two hundred and twenty feet (220’), more or less, to the Eastern side of the old Champlain road; thence in a general North Easterly direction along the said Eastern side and Southern side of the said old Champlain road to the point of commencement.

    A tract of land being part of the old Champlain road in the parish of St. Colomb de Sillery, County of Quebec, containing in area 14,100 square feet, more or less, and more particularly described as follows:

    Commencing at the intersection of the old Champlain road with the new Champlain road and running in a general North Easterly direction to its intersection with the new Champlain road, bounded towards the North by lot No. 230, towards its North Eastern extremity by the new Champlain road, towards the South, the South East and the East by lot No. 232, towards its South Western extremity by the new Champlain road and towards the West by lot No. 231 and towards the North West by lot No. 231, the creek St. Denis, lot No. 229, the Gilmour Hill and lot No. 230.