Deed of Surrender

The Deed of Surrender or Rupert's Land and North-Western Territory Order was an 1870 British order-in-council that transferred ownership of Rupert's Land and the North-Western Territory from the Hudson's Bay Company (HBC) to the newly created Dominion of Canada. The Deed ended just over 200 years of HBC control over the lands and began western Canadian expansion. While the Deed of Surrender was actually only a schedule in the order, the name "Deed of Surrender" is generally understood to refer to the document on whole. Often confused with Rupert's Land Act, 1868, the Deed is different as the act only expressed that the United Kingdom and Canada permitted the transfer but did not settle on the details of exchange with HBC which were outline in the Deed of Surrender.

Canada before and after receiving Rupert's Land and North-West Territory; the Province of Manitoba was created simultaneously

See also: Rupert's Land Act 1868
Deed of Surrender
20th Parliament of the United Kingdom, 1st Parliament of Canada
Territorial extentRupert's Land, North-Western Territory, Canada
Enacted byQueen Victoria
Royal assentJune 23, 1870
CommencedJuly 15, 1870
Status: In force

History
See also: Timeline of Rupert's Land and North-Western Territory transfer

On May 2, 1670, King Charles II of England granted the HBC a royal charter for "the sole Trade and Commerce of all those Seas, Streights, Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they shall be, that lie within the entrance of the Streights commonly called Hudson's Streights... which are not now actually possessed by any of our Subjects, or by the Subjects of any other Christian Prince or State... and that the said Land be from henceforth... called Rupert's Land".[1] Due to the extent of the lands granted not truly being known at the time, in 1821, the British Parliament further extended the company's domain to the North-Western Territory as well with the passage of "An act for regulating the fur trade, and establishing a criminal and civil jurisdiction within certain parts of North America".[2]

In 1867, with Confederation, the new Dominion of Canada sought to expand westward. In that same year, Canada's Parliament expressed this desire to the United Kingdom and soon after entered into talks with the HBC to arrange for the transfer of the territory.[3] These talks resulted in the Deed of Surrender, which was part of an order-in-council by the United Kingdom titled "Rupert's Land and North-Western Territory - Enactment No. 3: Order of Her Majesty in Council admitting Rupert's Land and the North-Western Territory into the union, dated the 23rd day of June 1870". The Deed received royal assent on June 23, 1870, and took effect on July 15, 1870.[4] The Province of Manitoba, the first new province to join Confederation, was created on the same day.

References
  1. "Text of HBC's Royal Charter". HBC Heritage. Retrieved February 14, 2020.
  2. An act for regulating the fur trade, and establishing a criminal and civil jurisdiction within certain parts of North America. London, England. 1821.
  3. "Correspondence relating to Surrender of Rupert's Land by Hudson's Bay Company and Admission into Dominion of Canada". House of Commons Papers. 43.
  4. Rupert's Land and North-Western Territory - Enactment No. 3. Government of Canada, Department of Justice. Retrieved February 14, 2020.
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