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or had not come into force, and as if the said Railway Act of 1888 and the said Acts in amendment thereof had not been repealed ; and any order or decision so sanctioned or confirmed shall have the same validity, force and effect as if the said order or decision had been so sanctioned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.