April 24, 1918

L LIB

Jacques Bureau

Laurier Liberal

Mr. JACQUES BUREAU (Three Rivers):

Are the men in class D exempted under medical certificates obliged to report under the new Order in Council which has been passed? My reason for asking is that I received a letter from a mother who has a sick son who is away from home, and she wants to know whether she has to call him back to report when the order is issued, or whether the exemption of the Medical Board would be sufficient to justify him in not reporting to the registrar.

Major-General MEWBURN: Under that Order in Council the registrar has to notify the men between the ages of 20 and 22 to report. Those notices are only to be -sent to the men who have been already examined and found in Category A. It was not the desire to call back the men already examined and -found in a lower category. The idea was not, if possible, to have these men come up for rehearing. We are anxious to get only the men who are medically fit. If later on the emergency increases, it m,ay be considered advisable to have another medical examination, but our intention is not to disturb any of those men who already hold a certificate as being medically unfit.

Topic:   MILITARY SERVICE-MEN MEDICALLY UNFIT.
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INDIAN ACT AMENDMENT.


On motion of Hon. Arthur Meighen (Minister of the Interior) Bill No. 64, to amend the Indian Act, was read the third time and passed.


COMPANIES ACT AMENDMENT.


On motion of Hon. Mr. Doherty, Bill No. 65, to amend the Companies Act, was read a second time, and the House went into committee on the Bill, Mr. Boivin in the Chair. On section 1-Quebec notarial copies to foe deemed originals; mortgage to include hypothec:


L LIB

Andrew Ross McMaster

Laurier Liberal

Mr. McMASTER:

I notice that the Bill says that a duly certified notarial copy of any instrument executed in the province of Quebec " and- preserved in the records of a notary public " shall foe deemed to be an original document. When a notary dies his records are in the keeping of another notary or at a prothonotary's office. Perhaps it might be well to say " and preserved in the the records of a notary public of the province of Quebec, whether at his office, or at the court." There is a possibility that has not been provided for. In the event of the death of a notary in our province his records are no longer kept at his office, or at his successor's office, but are transferred to the prothonotary's office.

Topic:   COMPANIES ACT AMENDMENT.
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UNION

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

Unionist

Mr. DOHERTY:

I recognize the possibility of that happening, but it is not clear to me that the wording would not cover it. At all events there is no objection to making it absolutely clear. I think it would meet the hon. gentleman's suggestion if we amended the section. I therefore move that:

That section 1, subsection' 69M, be amended by striking out the word "notarial" in the first line thereof and by adding after the word "Quebec" in the fourth line of the said sub-section, the following words "or in the office of the prothonotary of the Superior Court in any district of the said province".

Would that meet it?

Topic:   COMPANIES ACT AMENDMENT.
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L LIB
L LIB
UNION

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

Unionist

Mr. DOHERTY:

That is the only place where they would be deposited that I am aware of. There are provisions for what happens if they are absolutely destroyed. Then it would be a question of using a copy from the registrar. But I do not think that we need look forward to that. That is the only place I know of and I think the honourable gentleman would agree that where it was an original document it would be kept on record. But, inasmuch as we are providing for a case where certification would be by the prothonotary and not by the notary, it might perhaps be well to omit the word " notarial " before the word " copy " so that it would read:

A duly certified copy of any deed, mortgage, hypothec or other authentic instrument executed

in the province of Quebec and preserved in the records of a notary public or . in the office of the prothonotary-

Because there could otherwise be no daily certified copy unless it was certified by the notary. We would have to provide for certification by the prothonotary.

Topic:   COMPANIES ACT AMENDMENT.
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L LIB

Wilfrid Laurier (Leader of the Official Opposition)

Laurier Liberal

Sir WILFRID LAURIER:

Might I suggest that the object would be attained if the section were to read as follows:

A duly certified notarial copy of any deed, mortgage, hypothec or other authentic instrument executed in the province of Quebec.

The moment you get a duly certified copy admitted in a court- of law, that is sufficient. Ilf the notary is still living his signature gives authenticity but if he is dead the party who has it on record gives it authenticity and that is quite enough.

Topic:   COMPANIES ACT AMENDMENT.
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UNION

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

Unionist

Mr. DOHERTY:

While the usual notarial document is prepared en minute and filed in the office of the notary, it is not an unusual thing for notaries to prepare docu-mens en brevet. Then the original can be produced when it is needed. In dealing with these documents, it is usual for the original to be kept by the notary and produced when needed. :If you make that a sufficient copy of any notarial document, I would be inclined to think that it would not cover those documents which are prepared en brevet.

Section as amended agreed to.

/Bill reported.

Topic:   COMPANIES ACT AMENDMENT.
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NATURALIZATION ACT, 1914.

CORRECTION OF CLERICAL, ERROR IN FRENCH VERSION.


On motion of Hon. 0. J. Doherty (Minister of Justice), Bill No. 66, to correct a clerical error in the French version of the Naturalization Act, 1914, was read the second time and the House went into committee thereon, Mr. Boivin in the Chair. On section 1: The first seven lines of the French version of subsection one of section twelve of the Naturalisation Act, 1914, chapter forty-four of the statutes of 1914, are repealed and the following are substituted therefor:- 12. Lorsqu'une personne, Cant sujet britannique, cesse de l'§tre par une declaration d'ex-traneite ou autrement, tout enfant mineur de cette personne cesse en m6me 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 cesse d'etre sujet britannique, naturalise dans cet autre pays."


L LIB

Wilfrid Laurier (Leader of the Official Opposition)

Laurier Liberal

Sir WILFRID LAURIER:

Will the minister read the Act as it is now?

Topic:   NATURALIZATION ACT, 1914.
Subtopic:   CORRECTION OF CLERICAL, ERROR IN FRENCH VERSION.
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UNION

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

Unionist

Hon. Mr. DOHERTY:

Perhaps I had better read the English version, and after-

wards the French version, because it is a matter of having the translation correct. The English version reads:

Where a person being a British subject ceases to be a British subject, whether by declaration of alienage or otherwise, every child of that person, being a minor, shall thereupon cease to be a British subjectand this is the portion where, in the French version, the error occurs:

-unless such child, on that person ceasing to be a British subject, does not become by the law of any other country naturalized in that country.

The French version as it now stands produces the opposite effect, as the translators [DOT] agree, and it reads:

Lorsqu'une personne etant sujet britannique cesse d'etre sujet britannique soit par le fait d'une declaration d'extran^ite Soit autrement chaque enfant mineur de cette personne cesse iimiif;dial ement d'etre sujet britannique & moins que ledit enfant, par le fait que ladite personne cesse d'Stre sujet britannique, ne devienne de par la loi d'un autre pays, sujet naturalist de ce pays.

Section agreed to and Bill reported.

INSPECTION AND SALE ACT AMENDMENT. *

On motion of Sir George Foster, Bill No. 20, to amend the Inspection and Sale Act (Hay and Straw Inspection), was read the second time and the House went into committee thereon, Mr. Boivin in the Chair.

On section I-Hay grades Eastern Provinces.

Topic:   NATURALIZATION ACT, 1914.
Subtopic:   CORRECTION OF CLERICAL, ERROR IN FRENCH VERSION.
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CON

George Green Foster

Conservative (1867-1942)

Sir GEORGE FOSTER:

This section reenacts the grades as th-ey at present exist in the eastern provinces, with one or two very slight Changes which have been recommended by the Boards of Trade and by our inspector. The Bill as introduced will not be pressed through in its present form. A11 we propose to do is to establish grades of hay for the western provinces where there are now no legal grades, to re-arrange the present grades in the eastern provinces, and to make necessary provision for the inspection of hay. After carefully looking into the matter, we have come to the conclusion that it would not be advisable at present to provide for the compulsory inspection of hay throughout the Dominion. It is desirable, however, that legal grades should be established, so that people who wish to buy and sell by grades may do so-although they will not be debarred from buying and selling as usual.

Topic:   NATURALIZATION ACT, 1914.
Subtopic:   CORRECTION OF CLERICAL, ERROR IN FRENCH VERSION.
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L LIB

Wilfrid Laurier (Leader of the Official Opposition)

Laurier Liberal

Sir WILFRID LAURIER:

There will be no compulsory inspection?

Topic:   NATURALIZATION ACT, 1914.
Subtopic:   CORRECTION OF CLERICAL, ERROR IN FRENCH VERSION.
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CON

George Green Foster

Conservative (1867-1942)

Sir GEORGE FOSTER:

No. In the West during the last eight or ten years more or less dissatisfaction, confusion and loss have prevailed in such centres as Winnipeg and Vancouver, where a great deal of hay is bought and sold, because of there being no standard and no inspection. This difficulty will be remedied by the enactment of legal grades and the necessary provision for inspection. The present section is already embodied in existing legislation, with two exceptions: in paragraphs (d) and (f) the word " sound " has been substituted for " well curred

Topic:   NATURALIZATION ACT, 1914.
Subtopic:   CORRECTION OF CLERICAL, ERROR IN FRENCH VERSION.
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April 24, 1918