June 28, 1904

LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

We could allow that section to stand also, as I have to add several other sections to the Bill. I beg to move that the following be inserted as clauses 1 and 2 of the Bill -

1. Notwithstanding anything, contained in the Railway Act, 1903, the Governor in Council shall have, and shall be deemed to have had since the date upon which the said last-mentioned Act came into force, power, authority and jurisdiction to sanction, confirm, rescind, change or vary, or to take other action upon any report, order or decision of the Railway Committee of the Privy Council made before the said date under the Railway Act of 1888, or any Act in amendment thereof, in as full and ample a manner as if the said Railway Act, 1903, had not been passed or had not come into force, and as if the said Railway Act of 1888 and the said Acts in amendment thereof had not been repealed ; and any order or decision so sanctioned or confirmed shall have the same validity, force and effect as if the said order or decision had been so sanctioned or. confirmed prior to the issue thereof.

My hou. friend from Hamilton (Mr. Barker) will see at once the reason. As the result of the repeal of the Railway Act, the jurisdiction of the Governor in Council, with respect to sanctioning the orders of the old Railway Committee has departed, and in the case of Yonge street, the Governor General in Council is without jurisdiction to give effect to the ruling of the Railway Committee, and the Railway Commission is equally without jurisdiction. The next clause will read :

2. The said Railway Act, 1903, is amended by inserting after section 6 the following section :-

6a. Notwithstanding anything in this Act or in any other Act contained every railway, steam or electric street railway, and tramway wholly situate within one province of Canada, but which in its entirety or in part is declared by the parliament of Canada to be a work for the general advantage of Canada, and every person employed thereon, in respect of such employment, and every person, company, corporation or municipality owning, controlling or operating the same wholly or partly, in respect of such ownership, control or operation, shall notwithstanding such declaration be subject to any Act of the legislature of the province in which the same is situate prohibiting or regulating work, business or labour upoi^ the first day of the week, Mr. CASGRAIN.

commonly called Sunday, which is in force at the time of the passing of this Act, and every such Act is hereby, in so far as the same is in other respects within the powers of the legislature, confirmed and ratified, and made as valid and effectual ror the purposes of this section as if the same had been duly enacted by the parliament of Canada.

This last amendment is intended to leave railways, electric lines and others, which are situated wholly within a province, but which have been declared by the parliament of Canada to be works for the general advantage of Canada, subject to Sunday legislation within the provinces.

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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IND

William Findlay Maclean

Independent Conservative

Mr. MACLEAN.

If a road touches the international boundary or the boundary between two provinces, would that apply ?

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

It applies to works which are of a nature merely local concerns.

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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IND

William Findlay Maclean

Independent Conservative

Mr. MACLEAN.

There would be a good deal of discussion as to what road would come under it, but that would be for the courts to determine.

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

I beg also to move:

2. The Governor in Council may at any time and from time to time by proclamation confirm for the purposes of this section any Act of the legislature of any province passed after the passing of this Act for the prohibition or regulation of work, business or labour upon the first day. of the week, commonly called Sunday, and from and after the date of any such proclamation the Act thereby confirmed, in so far as the same is in other respects within the powers of the legislature, shall for the purposes of this Section be confirmed and ratified and made as valid and effectual as if the same had been enacted by the parliament of Canada ; and notwithstanding anything in this Act or in any other Act contained every railway, steam or electric street railway, and tramway, wholly situate within such province, but declared by the parliament of Canada to be in its entirety or In part a work for the general advantage of Canada, and every person employed thereon, in respect of such employment, and every person, company, corporation or municipality owning, controlling or operating the same wholly or partly, in respect of such ownership, control or operation, shall thereafter notwithstanding such declaration be subject to the Act so confirmed in so far as the same is otherwise ' intra vires ' of the legislature.

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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Motion agreed to.


LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

I now move that the Bill be printed in its present shape and that the committee rise and report progress, so that on next Tuesday we may vote certain amendments to it.

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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IND

William Findlay Maclean

Independent Conservative

Mr. MACLEAN.

On that understanding I have no objection to the committee rising and reporting progress.

Progress reported.

Topic:   RAILWAY ACT, 1903-AMENDMENT.
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PROVINCIAL ACCOUNTS AND THE AUDITOR GENERAL.

LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Hon. W. S. FIELDING (.Minister of Finance).

I beg to lay on the table a memo-

randum by the Deputy Minister of Finance on the subject of provincial accounts, and. also a copy of the resignation of the Auditor General.

Topic:   PROVINCIAL ACCOUNTS AND THE AUDITOR GENERAL.
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SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.

?

The Hon. W. S.@

FIELDING (Minister of Finance) moved that the House go again into Committee of Supply.

Topic:   SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.
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CON

Edward Frederick Clarke

Conservative (1867-1942)

Mr. E. F. CLARKE.

May I ask the lion. Minister of Labour (Sir William Mulock) if any further correspondence has been brought down respecting the employment of alien engineers on the Grand Trunk Pacific Railway ? There was an order of the House passed on the 30tli of May and a subsequent order on the same subject. It is to the return to the subsequent order that I refer.

Topic:   SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.
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?

The Hon. W. S.@

I have the return here.

I beg to lay on the table a return to order of the House of Commons of lath June, 1904 for copies of additional correspondence since the last order respecting the employment of alien engineers on the Grand Trunk Pacific Railway.

Topic:   SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.
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IND

William Findlay Maclean

Independent Conservative

Mr. MACLEAN.

I would like to ask the Minister of Labour whether it is likely that we shall have the report of Judge Winchester before the House closes, and also whether any arrangement has been made to print the evidence and lay it before the House ?

Topic:   SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.
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LIB

William Mulock (Minister of Labour; Postmaster General)

Liberal

Sir WILLIAM MULOCK.

I am in hopes that we shall get the report. Judge Winchester is to come to Ottawa to morrow on his way to Montreal, and he will stop over to report progress. He has been very actively engaged in the inquiry ever since his appointment ; I am confident he has not lost a moment. The evidence is being taken down in shorthand with the view to laying it before the House. I do not know how far Judge Winchester has gone, but he has made excellent progress, and I think his work has already borne fruit.

Topic:   SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.
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IND

William Findlay Maclean

Independent Conservative

Mr. MACLEAN.

I think that judge Winchester has made admirable progress and it is for that very reason that I would like to have the evidence in the hands of the House, if possible.

Topic:   SUPPLY-EMPLOYMENT OF ALIEN ENGINEERS.
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Motion agreed to, and House went into Committee of Supply. Post Office-outside service-mail service, $2,561,700.


June 28, 1904