April 22, 1918

REPORTS AND PAPERS.


Volume IV of the Report of the Auditor General for the fiscal year ended March 31st, 1917.-Sir Robert Borden. Certain information in connection with Bill No. 53, relating to the Civil Service.- Sir Robert Borden. Copy of Orders in Council in reference to appointment of Colonel Langton as Paymaster General in Militia Department.- Hon. Mr. Burreill. Return showing what bluebooks have been printed during the years 1916 and 1917.- Hon. Mt. Burrell.


COMPANIES ACT AMENDMENT.


Hon. C. J. DOHERTY (Minister of Justice) moved for leave to introduce Bill No. 65, to amend the Companies Act.


L LIB
UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Hon. Mr. DOHERTY:

The amendment is to one of the sections of the Companies Act. That section requires that the original instruments creating mortgages and charges upon properties of the different companies concerned should be deposited with the Secretary of State. Several lawyers practising in the province of Quebec have called my attention to the fact that, inasmuch as in that province large numbers of these classes of deeds require for their validity to be executed notarially, it is not possible to comply with the provision of the statute as it now stands, the originals of the instruments, having, as is well known, to remain with the notary. The purpose of the amendment is to provide that in cases of that kind a notarially-certified copy of an authentic instrument of that nature may be deposited with the Secretary of State, and shall avail as the original for the purpose of the deposit.

There is also another amendrnent, to insert the word " hypothec." The section as it now stands provides for deeds of mortgage, etc. As in Quebec, many of these

charges are by hypothec, which is a different thing to a mortgage, it has been thought wise to insert the word " hypothec " also.

Motion agreed to and Bill read the first time.

Topic:   COMPANIES ACT AMENDMENT.
Permalink

NATURALIZATION ACT, 1914.


(Correction of clerical error in French version.)


UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Hon. C. J. DOHERTY (Minister of Justice):

moved for leave to introduce Bill No. 66 to correct a clerical error in the French version of the Naturalization Act, 1914.

He said: The purpose of the Bill is to

correct what upon its face is a manifest error in the translation. The section sought to be amended is one which provides that, where a person who is a British subject ceases by declaration of alienage or otherwise to be such British subject, any manor children of his, who by reason of his being a British subject are also British subjects, shall likewise cease to be British subjects. The English version makes an exception to that for the case where the minor child, by the ceasing of its parent to be a British subject, does not become under the law of any Other country a citizen of that other country. In that event, where that consequence does not follow, the child would remain a British subject. The English version itself is, perhaps, not very felicitously expressed, and it is probably in view of the form in which it is so expressed not to be wondered at that the error was made in the translation. The translation as it now reads makes a child cease to be a British subject, not unless he does not, but unless he does by the operation of the law of some other country in consequence of his parents ceasing to be British subjects, become a citizen of that country. It is, however precisely the other case that is desired to be excepted.

Topic:   NATURALIZATION ACT, 1914.
Permalink
L LIB

Rodolphe Lemieux

Laurier Liberal

Hon. Mr. LEMIEUX (Translation):

Mr. Speaker, as the Bill is intended to correct a clerical error in the French wording of this Naturalization Act, would my honourable friend be kind enough to explain the proposed change in my mother tongue?

Topic:   NATURALIZATION ACT, 1914.
Permalink
UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Hon. Mr. DOHERTY (Translation):

I have not here the statute in question, but I think that in comparing the clause as it now reads with the proposed amendment, the reason of this change will become moTe apparent; it will also be realized that this amendment is absolutely necessary in order

that the French version be in accordance with the provisions contained in: the English bill. The law we have passed here is exactly the same as the one voted by the Parliament of the United Kingdom, and the error I have mentioned has slipped into the French translation. To the general rule that, whenever the parent ceases to be a British subject, any minor children of his shall also cease to be British subjects, the Bill, as worded in English, mates exception in cases where the minor child, though its parent has ceased to be a British subject, has not become under the law of any other country a citizen of that other country, while the French text, as it is now in the statute book excepts the very oase where the child becomes a citizen of another country.

The purpose of that section is to conserve British citizenship to every child whose father ceased to be a British subject whenever, under the laws of the' country to which his father has emigrated, the said child has not become a citizen of that other country, and who, unless an exception were made in his behalf would lose thereby all citizenship. The proposed amendment reads as follows:

12. " Lorsqu'une personne, Ctant sujet britannique, cesse de l'etre par une declaration d'ex-tranCitC ou autrement, tout enfant mineur de cette personne cesse en meme temps d'etre sujet britannique, sauf dans le cas oil tel enfant ne devient pas, en vertu de la loi d'Un autre pays, par le fait que telle personne a cessC d'etre sujet britannique,, naturalise dans cet autre pays."

I admit, :Sir, that the translation is not of the nicest, but as the English wording is not itself very elegant, it was not possible for me to give a translation of it both correct and beautiful.

Topic:   NATURALIZATION ACT, 1914.
Permalink
L LIB

Jacques Bureau

Laurier Liberal

Mr. BUREAU (Translation):

The reference here is, no doubt, to countries that do not recognize the naturalization of minors?

Topic:   NATURALIZATION ACT, 1914.
Permalink
UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Hon. Mr. DOHERTY:

Exactly.

Topic:   NATURALIZATION ACT, 1914.
Permalink

Motion agreed to, and Bill read the first time.


CENSORSHIP REGULATIONS.


On the Orders of the Day:


L LIB

Wilfrid Laurier (Leader of the Official Opposition)

Laurier Liberal

Sir WILFRID LAURIER:

I have not observed that the new regulations with regard to the censorship of the press have been laid on the Table. If not, may I ask when they will be brought down?

Topic:   CENSORSHIP REGULATIONS.
Permalink
UNION

Robert Laird Borden (Prime Minister; Secretary of State for External Affairs)

Unionist

Sir ROBERT BORDEN:

I understood that they had been brought down.

Topic:   CENSORSHIP REGULATIONS.
Permalink
UNION

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Unionist

Mr. DOHERTY:

I laid them on the Table on Friday, I think.

Topic:   CENSORSHIP REGULATIONS.
Permalink

PRIVATE BILLS.

April 22, 1918