May 25, 1917

RIGHT HON. A. J. BALFOUR.

RECEPTION TO MR. BALFOUR BY THE PARLIAMENT OF CANADA.

CON

Edgar Nelson Rhodes (Speaker of the House of Commons)

Conservative (1867-1942)

Mr. SPEAKER:

For the information of the House, as well as of the public, I wish to announce that Right Hon. A. J. Balfour is expected to arrive in Ottawa on Sunday. That day will be observed by him as a day of rest. On Monday at.3 o'clock it is expected that he will address the Senate and the House of Commons. The members of the Senate will 'be our guests in this chamber on that occasion. Mr. Balfour will come here in procession from Government House by way of Sussex, Wellington and Metcalfe streets. As the space in this chamber is limited and as we wish to avail ourselves of it to the utmost, it is the purpose that the House shall meet at 2 o'clock on Monday, thus affording ample time for those who occupy seats on the floor and in the gallery to be seated when Mr. Balfour addresses the Parliament at 3 o'clock. It is hoped that the arrangement carried out on the occasion of the visit of M. Viviani will be carried out on the occasion of Mr. Balfour's visit, namely, that all those occupying seats on the floor of the House shall have the privilege of being presented to our visitor.

Topic:   RIGHT HON. A. J. BALFOUR.
Subtopic:   RECEPTION TO MR. BALFOUR BY THE PARLIAMENT OF CANADA.
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INSURANCE ACT OF 1910.

PROPOSED NEW ENACTMENT.


Hon. Sir THOMAS WHITE (Minister of Finance) moved for leave to introduce Bill No. 53, respecting insurance.


?

Some hon. MEMBERS:

Explain.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

This Bill is introduced for the- purpose of re-enacting the Insurance Act of 1910 and of making such changes as are necessary to remove those features of the existing Act which have been declared by a recent decision of the Privy Council to be unconstitutional. There are also contained in the Bill a few amendments of a non-contentious nature, which are, however, deemed necessary for the proper administration of the Act. Most of the latter amendments were contained in a Bill introduced in the session of 1914, but not then, nor since, proceeded with.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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LIB

Frank Broadstreet Carvell

Liberal

Mr. CARVELL:

Will the minister explain the special provision referred to?

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

By a decision of the Judicial Committee of the Privy Coun-

cil in 1916 it was held that two most important sections of the Insurance Act of 1910, sections 4 and 70, were ultra vires. \v ith regard to section 4, which prohibits persons and ffompanies from'carrying on the business of insurance in Canada without first obtaining a license from the Insurance Department, the Privy Council held that that section was ultra vires, but the decision does not indicate the extent to which the section is ultra vires, and consequently the validity of the entire section is so impugned that at present the department has practically lost its authority to carry out the intention of the legislation of 1910 .respecting the licensing of British and foreign insurance companies doing business in Canada. Section 70 is the section of the Act which provides for penalties.

The matter has been most carefully considered by the Insurance Department, by the Department of Justice, and also by special counsel, and the conclusion has been reached that it is necessary-and I much regret to say it-to re-enact the entire Insurance Act of 1910, in order that- the Insurance Department may have authority over such companies transacting business in Canada. I think it will be found that the judgment of the Privy Council relates more particularly to the authority which the Act purported to confer with respect to prohibiting provincially incorporated companies from doing business in Canada outside of the province in which they were incorporated, but the decision as it stands leaves the larger question in doubt except in so far as the view of the Judicial Committee can be gathered from the judgment as a whole. It is the opinion of the Department of Justice that if we re-enact the measure as now introduced, the Dominion Government will have full authority over British and foreign companies carrying on insurance business in Canada, as was intended by the legislation of 1910. There are some other amendments to the Act, hut I believe they will be of a non-contentious nature, and some of them were embraced in an amending Bill which I introduced in the session of 1914.1 am extremely reluctant to introduce this Bill at the present session, and I do so only because I believe it is in the public interest that these doubts should be cleared up and that the Act should be re-enacted so as to give the Insurance Department the authority which Parliament intended it should have over insurance companies carrying on business in Canada. ,

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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LIB

William Pugsley

Liberal

Mr. PUGSLEY:

The minister has not

stated what are the changes in sections 4 and 70. How is it proposed to get over the judgment of the Judicial Committee of the Privy Council?

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

I would submit that on the introduction of a Bill it is not usual to go so much into detail. I shall be very glad to do that on the second reading.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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LIB

William Pugsley

Liberal

Mr. PUGSLEY:

The minister has not

explained the matter at all He has pointed put the difficulties but he has not stated how this Bill proposes to get over them.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

I thought I had so stated.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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LIB

William Pugsley

Liberal

Mr. PUGSLEY:

You have only stated that this is a re-enactment.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

This Bill will give the Dominion Government, through the Insurance Department, authority to prohibit British and foreign companies from doing business in Canada except under license from the Insurance Department. That was the intention of the legislation of 1910, and the Act has been acted on in that sense since it was passed by Parliament; but the effect of the decision of the Privy Council is, as I have stated, to impugn the validity of section 4 which applies not only to Canadian incorporated insurance companies but to British and foreign insurance companies, and this legislation is to clear up the doubt and to re-establish the authority of the Insurance Department, that is to say, of the Dominion Government over such companies as we believe we can constitutionally take power to control under this new, enactment.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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Motion agreed to, and Bill read the first time. 165th REGIMENT. On the Orders of the Day. Hon. WM. PUGSLEY (St. John City): I wish to direct the attention of the Minister of Militia to an article in the St. John Standard relating to a portion of the 165th Regiment. It appears that a certain number of the men of that regiment who were not deemed qualified to go overseas when the regiment went some time ago, were appointed to special duties at St. John, and were quartered in the Immigration Building. The account of their condition as given by this newspaper certainly demands the attention of the Minister of Militia. It is said they have not received any pay since March last, that they have not been'supplied with underclothing, and their condition is such as actually to excite pity. A reporter of the Standard visited their quarters, and on the account in the newspaper reveals an extraordinary condition of affairs. I would ask the Minister of Militia and Defence to give this matter His immediate attention.


CON

Albert Edward Kemp (Minister of Militia and Defence)

Conservative (1867-1942)

Sir EDWARD KEMP:

My attention has not previously been called to the matter to which my hon. friend refers. I should be glad if my hon. friend would send me a copy of the newspaper.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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LIB

William Pugsley

Liberal

Mr. PUGSLEY:

I did not bring it with me because I did not want to spread the whole matter on Hansard. I am sure that my hon. friend the Minister of Marine and Fisheries must have read the report.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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CON

John Douglas Hazen (Minister of Marine and Fisheries; Minister of the Naval Service)

Conservative (1867-1942)

Mr. HAZEN:

I think the account appeared in the St. John Standard of Tuesday, and the paper I received yesterday said that the Militia authorities were dealing with the matter. I would suppose that their attention had 'been called to the article in the Standard on Tuesday.

Topic:   INSURANCE ACT OF 1910.
Subtopic:   PROPOSED NEW ENACTMENT.
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May 25, 1917