July 10, 1917

CON

Arthur Meighen (Solicitor General of Canada)

Conservative (1867-1942)

Mr. MEIGHEN:

I do not think that the circular, as it is called, relating to constitution, functions and procedure of local tribunals, published in Great Britain, Should be called regulations. Although they constitute general indications to the tribunals looking to uniformity, it would be impossible, and it would be barbarous drafting, to insert such provisions as are in this circular in the Act. Consequently, I am not quite certain whether it was intended that this should be among the regulations which, under the Act, should form a part of -it or not. I 'am informed they are not pant of it. But sudh as are regulations have the force of law. They must be consistent with this Act, and they -must look to the carrying out of this Act and nothing but this Act.

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink
LIB

Frank Oliver

Liberal

Mr. OLIVER:

Lt is not contemplated

ithat such directions, or such a circular, addressed to the tribunals in operation under this Bill, will be a part of the Act?

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink
CON

Arthur Meighen (Solicitor General of Canada)

Conservative (1867-1942)

Mr. MEIGHEN:

No, not -directions of

the nature of those I hold in my hand.

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink
LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

I call attention to paragraph (c), subsection 11, seo-tion 12, which reads as follows:

(c) Prescribe the conditions as to time or otherwise under which applications for certificates may be made, deferred applications received, appeals entered and heard and rehearings had, and prescribe forms.

Section 10, subsection 3, paragraph (b), reads: .

(b) The Governor in Council, on the recommendation of the Central Appeal Judge may make regulations governing the right to and fixing the conditions of appeal from an appeal tribunal to the Central Appeal Judge, provided any person authorized by the Minister of Militia and Defence may as of right enter and prosecute such appeal.

We have here two powers to make the same regulations. Under paragraph, (c) of section- 12, the Governor in Council is authorized to make regulations concerning appeals and re-hearings, and under section 10, subsection 3, paragraph (b), the Governor in Council, on the recommendation of the appeal judge, may make regulations governing the right to appeal, and fixing the conditions of appeal. It seems to me there is a clashing, or a tautology.

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink
CON

Arthur Meighen (Solicitor General of Canada)

Conservative (1867-1942)

Mr. MEIGHEN:

The intention is that

under section 12, the Governor in Council may make regulations, as to time or otherwise, under which deferred applications may be received and appeals entered, and it is not provided that it shall be on the recommendation of the central appeal judge. That refers to the conditions under which appeals may be entered, and nothing more. On the other hand, section 10, subsection 3, paragraph (b) provides that the Governor in Council may make regulations, on the recommendation of the central appeal judge, fixing the conditions of appeal from an appeal tribunal. That is not in regard to the entering of an appeal, which is dealt with in paragraph (e), of section 12.

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink
LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

Would it not oau-se confusion, and would it not be better to have one provision?

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink
CON

Arthur Meighen (Solicitor General of Canada)

Conservative (1867-1942)

Mr. MEIGHEN:

This matter was drawn to my attention yesterday by the right hon. gentleman, and I am disposed to think it might be well to take a portion of paragraph (c) of section 12, and insert it under paragraph (b), subsection 3, clause 10. I suggest that we defer consideration of this portion of section 12.

iSubsection stands.

Progress reported.

On motion of Sir Robert Borden, the House adjourned at 11.22 p.m.

Wednesday, July 11, 1917.

Topic:   CONSIDERATION OF THE BILL IN COMMITTEE OF THE WHOLE HOUSE.
Permalink

July 10, 1917