February 24, 1905

CON

John Graham Haggart

Conservative (1867-1942)

Mr. HAGGART.

As the laws stands, I understand that all contracts must be let by tender.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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LIB

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

Liberal

Mr. FITZPATRICK.

The law as contained in 31 Victoria, chapter 12, section 20, re-enacted in the Revised Statutes as chapter 36, section 13 provides that all contracts shall be let by tender except works of im-

mediate and urgent necessity ; but in 1880 an Order in Council was passed authorizing the letting of contracts without tender in which the amount involved did not exceed $5,000. When X became Minister of Justice, on looking into the matter, I found that there was no authority for such an Order in Council, and I thought it advisable to get statutory authority for the practice. The only change is in the second paragraph, which provides for the approval of the Governor in Council.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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CON

John Graham Haggart

Conservative (1867-1942)

Mr. HAGGART.

It is exactly as I understood. I understood that the law in the past, except so far as modified by Order in Council, was that all works should be let by tender. The Bill is to legalize what has been done, and it is a very proper provision, with regard to some departments at any rate, that all contracts should be submitted to the Governor in Council.

Mr* INGRAM. How will this affect public works which were started three or four years ago and on which large sums of money have been spent, not by contract but by day's labour?

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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LIB

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

Liberal

Mr. FITZPATRICK.

Any works of that kind can be carried on.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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L-C

Andrew B. Ingram

Liberal-Conservative

Mr. INGRAM.

In my constituency several thousand dollars have been spent by day's work on a harbour ; and I do not know whether the government intend to continue the work by day's work or by contract, or whether this Bill will affect that work.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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CON

David Henderson

Conservative (1867-1942)

Mr. HENDERSON.

I do not understand that this Bill will affect a work of that kind at all, because it applies only to works under contract. The fact is, the government can spend hundreds of thousands of dollars on public works by private arrangement, by simply doing the work by day's work. The law does not prevent them. It only limits the powers of the government when they decide to do work by contract.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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L-C

Andrew B. Ingram

Liberal-Conservative

Mr. INGRAM.

I was under the impression that any public work costing over $5,000 had to be done by contract.

Bill reported.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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LIB

Robert Franklin Sutherland (Speaker of the House of Commons)

Liberal

Mr. SPEAKER.

When shall the Bill be read the third time ?

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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CON
LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

To-morrow.

Topic:   CONTRACTS FOR GOVERNMENT WORKS.
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RAILWAYS AND CANALS.


Bill (No. 53) to amend the Act respecting the Department of Railways and Canals, (Mr. Emmerson) read the second time and the House went into committee. On section 1, 1. Section 11 of the Act respecting the Department of Railways and Canals, being chapter 37 of the Revised Stautes, is repealed and the following is substituted therefor :- 11. The minister shall invite tenders, by public advertisement, for the execution of all works, except in cases of pressing emergency in which delay would be injurious to the public interest, or in cases in which, from the nature of the work, it can be more expeditiously and economically executed by the officers and servants of the department, or in cases where the estimated cost' of the work is less than $5,000, and it appears to the minister, in view of the nature of the work, that it is not advisable to invite tenders. 2. Whenever, in the case of any work, tenders are required to be, or are, invited, the minister shall submit all tenders received therefor to the Governor in Council, and the contract for the work shall be awarded under the direction of the Governor in Council.


LIB

Henry Robert Emmerson (Minister of Railways and Canals)

Liberal

Mr. EMMERSON.

The terms are precisely those of the Bill which my hon. friend the Minister of Justice has just explained.

Topic:   RAILWAYS AND CANALS.
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CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

What are we to understand by the term ' the officers and servants of the department'? Would that cover any number of men the department might employ to do a certain work ?

Topic:   RAILWAYS AND CANALS.
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LIB

Henry Robert Emmerson (Minister of Railways and Canals)

Liberal

Mr. EMMERSON.

That would be the officers of the department, the regular employees of the department.

Topic:   RAILWAYS AND CANALS.
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CON

John Graham Haggart

Conservative (1867-1942)

Mr. HAGGART.

What are officers or servants of the department ? If this clause gives the minister the privilege of employing any number of men he pleases to do any particular work, it does away with the Act altogether.

Topic:   RAILWAYS AND CANALS.
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LIB

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

Liberal

Mr. FITZPATRICK.

These words are taken from the old Public Works Act, 31 Vic., and I really do not know the meaning put upon them by the different governments. Strictly and literally they would mean all those who are in the pay of the department.

Topic:   RAILWAYS AND CANALS.
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CON

John Graham Haggart

Conservative (1867-1942)

Mr. HAGGART.

It ought to be limited to officers and servants who are permanently in the employ of the government. For the purpose of building a dam you might utilize day labourers who are idle part of the season, and in some cases that would be more economical, but the wording is such that it will allow the minister to dispense with a contract in every case.

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LIB

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

Liberal

Mr. FITZPATRICK.

As these words occur in the first Bill, for which I am responsible, and the third reading of which has been held over, I will inquire and see how far we can limit the terms of the Bill.

Topic:   RAILWAYS AND CANALS.
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CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

Your engineers are officers and servants of the department. They might hire 100 or 1,000 men to do a work. Does that term include such men as the engineers may employ ?

Topic:   RAILWAYS AND CANALS.
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February 24, 1905