June 1, 1921

UNION

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

Unionist

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

I beg to move that the amendments made by the Senate to Bill No. 12, to amend and consolidate the law relating to copyright be concurred in. They are nine in number, but I do not think that any of them materially affects the provisions of the Bill as it left this House. The first two amendments to section 13 were both necessitated by an accident that happened in the re-printing of the Bill as it came from the committee of this House. That committee had amended the section precisely as it is now amended by the Senate, but in re-printing, those two particular alterations were overlooked. Subsection 6 of section 13 dealt with the case where two or more persons made application for a license, and as the Bill was originally drafted and left this House the provision was that in such a case the license should be awarded to the applicant proposing the highest retail selling price, and if there were two applicants proposing the same retail selling price the license should be awarded to the applicant whose application was first received. The committee of this House amended that by substituting the applicant proposing terms

that in the opinion of the minister were most advantageous to the author, for it is obvious that there might be other considerations than the mere question of the highest retail selling price. That modification necessitated in the next line the same modification to make it correspond; that is, that in the case of two persons proposing terms equally advantageous to the author then the license would be awarded to the applicant whose application was first received.

The next amendment of the Senate consists in amending paragraph (a) of subsection 9 of the same section by substituting two months. The Bill as it left this House required that the licensee should within thirty days print the work for which he had a license. Their honours seem to have had information leading them to believe that that was perhaps too short a period. The change does not seem to be open to serious objection.

In paragraph (b) of the same subsection 9 the Senate has amended the Act by inserting "in such manner as may be prescribed by the minister." The subsection, in defining the obligations of the licensee in this paragraph, stated, among other obligations, the obligation to print the book from the last authorized edition in full without abbreviation, alteration, and so forth. The Senate represented that there might be conditions that ought to be imposed other than the mere requirement I have stated. This gives added protection to the author.

In section 14 the provision for the publication of serials provided that such serials might be republished here if the publication of a book is lawfully begun as a serial elsewhere than in His Majesty's Dominions or a foreign country to which section 4 of this Act applies. That was intended to include other countries of the Union, and it was suggested that if we excepted the foreign countries to which subsection 1 of section 4 applies the result intended would be produced and the provision would be made absolutely clear.

The next amendment is also to section 13; it is simply to .make clear that the proviso inserted at the end of subsection 12 applies to the entire section and not merely to that subsection. Then there is an amendment to section 18, subsection 6 paragraph (b). That subsection provided that no royalty should be payable in respect of contrivances " lawfully made before the commencement of this Act."

The Senate have amended by making the subsection read:

That no royalty shall be payable in respect of contrivancers lawfully made and sold by the manufacturer before the commencement of this Act.

The amendment seems unobjectionable. Then, on page 20, line 18 there is an amendment to section 39 of the Act, which deals with the effect of the registration or the absence of registration. The provision as it left this House was that any transfer by assignment of a license of a copyright should he void against any subsequent assignee or licensee for valuable consideration without actual notice

-"unless such assignment or license is registered in the manner directed by this Act before the registering of the instrument under which a subsequent assignee or licensee .claims.

The Senate have added to the section the following words:

-and no grantee shall maintain any action under this Act, unless his and each such prior grant has been registered."

I think that in denying action against any person for infringement their Honours of the Senate have gone further than was logical or necessary, but I do not think any serious objection is presented. I move concurrence in the amendments.

Amendments read the second time and concurred in.

Topic:   COPYRIGHT AMENDMENT ACT SENATE AMENDMENTS
Permalink

CIVIL' SERVICE ACT AMENDMENT

RECOMMENDATIONS OP PENSIONS COMMITTEE


Right Hon. ARTHUR MEIGHEN (Prime Minister) moved that the House go into committee to consider the following proposed resolution: Resolved, that the provisions of Bill 122, "An Act to amend the Civil Service Act," be amended by adding thereto the provisions of the Bill reported to the House by the Select Committee on Pensions, Insurance and Re-establishment of Soldiers, which provides, that the following be enacted as section thirty-nine of the Civil Service Act, 1918: , . "39. (1) Immediately after each examination a list of the successful competitors in the case of a competitive examination, and of successful candidates in order of merit in other examinations, shall be made out and published ih the Canada Gazette. "2. The Civil Service Commission shall prepare and maintain a special list of persons in receipt of pensions by reason of their services in the war, nineteen hundred and fourteen to nineteen hundred and eighteen, who "(i) have from causes attributable to such service lost capacity for physical exertion to an extent which 111 .'ikes them unfit efficiently to pursue the avocations which they were pursuing before the war. "(ii) have not been successfully re-established in some other avocation, and "(iii) desire to be placed on such list. The commission shall obtain as full particulars of each person on such list, including particulars of his age, education, physical ^ and mental condition, resources and responsibilities, as it is possible to obtain from all available records. In all examinations for entrance into the Civil Service the persons named on such list who are found to possess the necessary qualifications shall be placed in the order of merit on the list of successful candidates above all other candidates. "(3) In all examinations for entrance into the Civil Service all persons other than those mentioned in subsection two of this section who have been on active service overseas on the military forces or who have served on the high seas in a seagoing ship of war in the naval forces of His Majesty or of any of the Allies of His Majesty during the war, nineteen hundred and fourteen to nineteen hundred and eighteen, who have left such service with an honourable record or who have been honourably discharged, or when any persons who have served as aforesaid have died owing to such service the widows of such persons, and who in either case obtain sufficient marks to pass such examinations, shall, irrespective of the marks they have obtained, be placed In the order of merit on the list of successful candidates next after any candidates who are on the special list mentioned in subsection two of this section and above all other candidates. "(4) The provisions of any statute or regulation prescribing the age limit and physical requirements with respect to any appointment in the Civil Service shall not apply to any persons with the military and naval service mentioned in subsection two or three of this section." He said: Mr. Speaker, before you leave the Chair, may I say that I am informed by the parliamentary counsel that the proper course in this case is to instruct the Committee of the Whole prior to the House going into committee, in the following language: That it be an instruction to the Committee of the Whole in connection with Bill 122 as reported1 by the special committee appointed to consider the same, that it shall have power to, consider and deal with and, if so advised, Include in said Bill the amendments to the Civil Service Act recommended in the report of the Special Committee on Pensions, Insurance and Re-establishment of Soldiers.


UNION

Edgar Nelson Rhodes (Speaker of the House of Commons)

Unionist

Mr. SPEAKER:

I am inclined to think that the better practice would be to go into committee and deal with the resolution and after it has been considered and reported back to the House it could, on motion, be referred to the Committee of the Whole to be considered in connection with Bill 122. That would be in line with the practice followed yesterday and in entire conformity with the ordinary practice of the House.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

Very well.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink

Motion agreed to, and the House went into committee on the resolution, Mr. Boivin in the Chair.


LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Mr. MACKENZIE KING:

I should like to point out to my right hon. friend that we have not yet considered Bill No. 122, and there are some features of it that, I think, are contentious. It may be that the Bill will meet with a sad end. It would be better to have Bill No. 122 considered before we have these amendments made to it. Of course, I understand that this is only a resolution, to be followed by a Bill, but I think it is worth while pointing this out.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

There is no reason why the resolution should not pass. I do not know what the objection can be to Bill No. 122, but if it turns out that there is objection to Bill No. 122, we shall have to deal with it accordingly.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
L LIB

William Daum Euler

Laurier Liberal

Mr. EULER:

I was a member of the

special committee appointed to consider Bill No. 122, and the report of that committee has not yet been adopted. Is it the intention that further clauses are to be added to that Bill and to refer it back to that committee for further consideration? If not, in what position does this leave the committee?

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

This resolution has no relation to Bill No. 122 as it stands. Each is an amendment to the Civil Service Act, but they are utterly foreign to each other! The only point in common between them is that they are amendments to the same Act. It was thought better to have one amendment to the Civil Service Act rather than two, and that is the reason why this method of procedure is adopted.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
L LIB

William Daum Euler

Laurier Liberal

Mr. EULER :

Is it a fact that the report which has been laid on the Table is not to be dealt with now in connection with this matter?

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

The Bill as reported by the special committee appears as No. 29 on the Orders of the Day, and it will be dealt with there.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Mr. MACKENZIE KING:

Do I understand my right hon. friend to say that these resolutions, which are based upon the report of another committee altogether, are intended primarily to amend the Civil Service Act and that Bill No. 122 is to amend the Civil Service Act?

Mr. Speaker.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

Yes.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Mr. MACKENZIE KING:

Will matters be so arranged later that Bill No. 122 may be discussed in the form in which it is now, before adding these amendments to it; or will they be incorporated in Bill No. 122?

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

They will be incorporated in Bill No. 122; but Bill No. 122 may be amended; what is left in it may be struck out, and this left, if that is the will of the House. There will not be two Bills to amend the Civil Service Act.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
LIB

William Lyon Mackenzie King (Leader of the Official Opposition)

Liberal

Mr. MACKENZIE KING:

An unfortunate confusion might arise in the effort of hon. gentlemen on this side to oppose certain features of Bill No. 122 as it now stands. We might be very strongly misrepresented as opposing the amendmerts that are now being made in the interest of returned soldiers. I do, not think that we shall have any exception to take to any amendments brought in as a result of the report of the Committee on Soldiers' Civil Re-establishment; but we are going to take strong exception to some features of Bill No. 122, and I would not like to see the two things confused.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
UNION

Arthur Meighen (Prime Minister; Secretary of State for External Affairs)

Unionist

Mr. MEIGHEN:

If ther.e are in this

House hon. gentlemen who oppose the present provisions of Bill No. 122 and to whom these amendments are acceptable, they certainly could protect themselves on second reading or at any other time by moving an amendment.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink
L LIB

Rodolphe Lemieux

Laurier Liberal

Mr. LEMIEUX:

That would be confusing.

Mr. MEIGHEN. An amendment would not be confusing.

Topic:   CIVIL' SERVICE ACT AMENDMENT
Subtopic:   RECOMMENDATIONS OP PENSIONS COMMITTEE
Permalink

June 1, 1921