April 19, 1922

LIB

Mr. LANCTOT:

Liberal

1. What is the total amount of the bonus paid to civil servants up to April 1, 1921?

2. What is the total amount paid to civil servants on account of annual statutory increase for the fiscal years 1918, 1919, 1920 and 1921?

Topic:   QUESTIONS PASSED AS ORDERS FOR RETURNS
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LAB

Mr. SHAW:

Labour

1. What offices, buildings or parts of buildings are rented for Government purposes in the city of Calgary?

2. From what owners and through what rental agents are such offices, buildings or part3 of buildings rented?

3. What rental is paid in each case?

4. For what period are such offices, buildings or parts of buildings rented?

5. Which of such leases, if any, have been renewed by the present Government?

Wheat Board

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CON

Mr. SUTHERLAND:

Conservative (1867-1942)

1. What amount of compensation has been paid out of the vote for health of animals, for cattle slaughtered affected with tuberculosis, during each of the years ending March 31, 1920, 1921 and 1922?

2. What proportion of this amount was paid for animals slaughtered in herds supplying milk to the people in cities, towns and villages; not necessarily pure bred animals, during the years referred to?

3. What proportion of the total grant paid was for animals under what is known as the accredited herd system of pure bred animals, during each of the years referred to?

4. What was the amount paid out in connection with each of the pure breeds for which compensation was paid during each of the above years?

5. What was the average compensation per animal paid in connection with each breed referred to in question four, during each of the above years?

6. What was the total compensation paid in connection with each breed in each province during each of the three years referred to?

7. How many veterinary inspectors have been employed by the health of animals branch of the Department of Agriculture in connection with the health of animals during each of the three years referred to?

8. What has been the total amount paid in salaries to inspectors under the health of animals branch during the years above mentioned?

Topic:   QUESTIONS PASSED AS ORDERS FOR RETURNS
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THE GRAIN TRADE

CONSTITUTIONALITY OP RECONSTRUCTION OP WHEAT BOARD

LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Hon. W. L. MACKENZIE KING (Prime Minister) :

With reference to the fourth

report of the Select Standing Committee on Agriculture and Colonization, in which the House concurred on the eleventh instant, I may say that the Government has obtained the written opinion of the law officers of the Crown upon the question thereby suggested as to the constitutionality of the reconstruction of the Canadian Wheat Board, and that opinion is now submitted for the information of the House. I would ask the permission of the House to have the opinion printed in Hansard so that it will be available in that form to hon. members.

Topic:   THE GRAIN TRADE
Subtopic:   CONSTITUTIONALITY OP RECONSTRUCTION OP WHEAT BOARD
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

Is it the pleasure of the House that permission be granted for the publication of this document in Hansard?

Topic:   THE GRAIN TRADE
Subtopic:   CONSTITUTIONALITY OP RECONSTRUCTION OP WHEAT BOARD
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?

Some hon. MEMBERS:

Carried.

(The document referred to is as follows) : Ottawa, April 17, 1922. Memorandum for the Minister of Justice:

The House of Commons on 11th instant having concurred in a report of the Committee on Agriculture and Colonization recommending " that the question of the constitutionality of the reconstruction of the Wheat Board, with

the powers conferred thereon by the Orders-in-Council establishing or extending the same, be referred to the law officers of the Crown for their reasoned opinion", I submit for your consideration the following statement of my opinion.

The Canadian Wheat Board to which the resolution refers was constituted under authority of an Order-in-Council, No. 1589, of July 31, 1919, which was sanctioned, as therein expressed, " under and in virtue of the War Measures Act", and there are several^amending Orders, the principal one being No. 1741 of August 18, 1919. The powers, duties and rights of the Board as set forth in these Orders-in-Council were by the terms of an Act respecting the Canadian Wheat Board, Chapter 9 of 1919, second session, continued in force for eighteen months from the passing of that Act, November 10, 1919, and the Governor-in-Council was thereby empowered to fill vacancies and to make regulations for the extension, conduct or management of the business of the Board. The Orders-in-Council and the rules, regulations and orders made thereunder by the Board were moreover by the provisions of an Act concerning the Canadian Wheat Board, Chapter 5 of 1921, ratified and confirmed as and from their respective dates, and it was also thereby enacted that the Board should continue to exercise its powers so far as might be necessary and convenient for winding up and concluding the business of the Board.

By the Orders-in-Council the Board was empowered to make such enquiries and investigations as were necessary to ascertain _what supplies of wheat were or might be available from time to time; the locality and ownership of these supplies; the transportation and elevator facilities available therefor, and generally the conditions connected with the marketing of wheat.

The Board was also empowered to buy and sell wheat or wheat products at any point in Canada; to pay therefor the prices to be scheduled by the Board and approved by the Govemor-in-Council; to sell wheat to the millers in Canada at prices and upon conditions fixed by the Board; to store, transport and market wheat: to sell quantities in excess of domestic requirements to purchasers overseas or in other countries at such prices as might be obtainable; to provide for the retention and distribution in Canada of seed wheat required for the season of 1920 ; to fix maximum prices or margins of profit at which flour and other products made from wheat delivered to millers might be sold, and to fix standards of quality of flour; to purchase flour from millers at prices to be fixed by the Board, and to sell the flour in Canada or in other countries; to take possession of and to sell and deliver wheat stored in any elevator or warehouse, or in railway cars or Canadian boats, and to deal with the same as if acquired by the Board in ordinary course ; to control by license or otherwise the buying and selling of wheat and wheat products in Canada, and the export and sales of flour outside of Canada; to allocate Canadian lake tonnage and to distribute cars for rail shipments ; to provide that no person, firm or corporation other than the Board should buy wheat, operate any elevator or warehouse where wheat is received, or handle wheat on commission or otherwise, unless licensed by the Board ; to require that any wheat sold or purchased in Canada should be delivered to the Board, or to its order, in accordance with such regulations as the Board might make; to re-

Wheat Board

quire every licensee of the Board accepting delivery of wheat to pay the purchaser by way of an advance or cash payment such sum or sums as might be directed by the Board; to order any person holding wheat stored in any elevator or warehouse or in railway cars or Canadian boats to sell and dispose of the wheat to any purchaser named by the Board on such terms as the Board might direct, and it was provided that any such order of the Board should pass to the purchaser the property in the wheat therein described.

The Board was also empowered to prohibit the export out of Canada, or the importation into Canada, of any wheat or wheat products otherwise than in accordance with the orders or regulations of the Board, and to prescribe penalties for contravention of the orders or regulations of the Board.

There were some other powers conferred by these orders, of a subordinate or incidental character, which need not be more fully set out because the foregoing statement indicates sufficiently for present purposes the objects of the board and the scope and character of its powers.

It will be perceived that these powers naturally group themselves under two heads; there are enabling or facultative provisions, and there are compulsory provisions. As to those of the former class, I apprehend that Parliament has undoubted authority to constitute a board for the purpose of buying and selling, and to enable it to contract and to exercise such powers as are necessary or incidental to a voluntary undertaking.

The board is, however, invested with compulsory powers, and for the purpose of considering the authority of Parliament to constitute a commission clothed with these powers, it is well to mention some of them separately. They include (a) the fixing of maximum prices or margins of profit at which flour may be sold by the millers; (b) the compulsory taking of wheat in store or in transit subject to compensation fixed by the board, including power by order of the board to transfer the property in any wheat so stored or in transit to such purchaser, and upon such terms, as the board may nominate and prescribe; (c) prohibition of

buying and selling wheat in Canada upon commission or otherwise, and the operating of elevators or warehouses for wheat, except by license of the board; (d) authority to require delivery to the board of all wheat sold or purchased in Canada; (e) regulation by the board of the dealings of its licensees.

These coercive powers would be exercisable by the reconstructed board in the provinces, and they directly affect property and the exercise of civil rights in the provinces; they enable the board generally, not only to have a monopoly of the trade in wheat, but also to regulate the price of flour manufactured in a province, even from wheat grown in that province ; they may be exercised to forbid trading in the provinces except by Dominion license. They are therefore powers of the character described by the British North America Act 1867 as relating to matters coming within "property and civil rights in the province," or "matters of a merely local or private nature in the province." Consequently, upon well established principles or interpretation, the reconstruction of the board with these powers is competent to the Parliament of Canada only if the necessary enacting authority be found in

the enumerated Dominion powers of legislation, in which case the prima facie provincial powers are overborne.

Comprehensive authority is conferred upon the Parliament of Canada to make laws for the peace, order and good government of Canada in relation to all matters not coming within the classes of subjects assigned exclusively to the provinces, and moreover there are enumerated subjects as to which the authority of Parliament is exclusive; one of these is the class of subjects described as "militia, military and naval service and defence," including the necessary or incidental powers exercisable in time of war for the defence of the country. No question is suggested as to the authority of Parliament, or of the Governor in Council under the War Measures Act and the confirming Acts, ' to give effect to the Orders in Council under which the former Wheat Board was established and exercised the powers expressed to be conferred upon it. The temporary nature of these powers is evidenced, not only by the Orders in Council themselves, but also by chapter 5 of 1921, whereby the Orders in Council were continued in force merely for the necessary and convenient purpose of winding up and concluding the unsettled business of the board, and thus it is plain that the provisions affecting the former board were sanctioned only as war measures.

The present inquiry is concerned with the question as to whether Parliament may in the existing circumstances reconstruct the board with its former powers, and it does not appear whether it be proposed to reconstruct upon a permanent or a temporary footing; that consideration, however, becomes immaterial if, as I think, the board cannot now be reconstituted as a war measure.

It might have been suggested that the exclusive power of Parliament with regard to "the regulation of trade and commerce" would extend to regulation of the wheat trade in the manner provided by the Orders in Council, but this power, comprehensive enough in its mere statement, has been limited by judicial interpretation ; and, compatibly with the decisions, it does not comprise the powers which would be necessary for the reconstruction of the Wheat Board.

The insurance trade was regulated by means of a system of licenses under the provisions of a series of statutes enacted by the Parliament of Canada from the time of the Union until 1910, but when the Consolidated Act of that year came to be reviewed by the courts it was held, both by the Supreme Court of Canada and by the judicial committee of the Privy Council, that the legislation was ultra vires, and their lordships of the judicial committee in pronouncing the judgment held that, as a result of the decisions, "it must now be taken that the authority to legislate for the regulation of trade and commerce does not extend to the regulation by a licensing system of a particular trade in which Canadians would otherwise be free to engage in the provinces." Attorney General for Canada vs. Attorney General for Alberta, 1916 Appeal Cases, at page 596.

Similarly in the recent case with regard to the Board of Commerce Act, and the Combines and Fair Prices Act, although the judges of the Supreme Court of Canada were equally divided in opinion, it was held by the judicial committee that the legislation, which was designed to prohibit the hoarding of the necessaries of life and to require the sale of them

Wheat Board

at fair prices, could not be upheld under the power to regulate trade and commerce.

It may be observed that the wheat trade is in some of its aspects not merely loca within the province of production. The greater part of the crop in the wheat growing provinces is exported, not only from the province of growth, but from the Dominion, and the trade thus assumes an interprovincial or foreign character; it is also a trade of great dimensions and importance affecting the interests of the whole Dominion; but in like manner the insurance trade in itself was not the less interprovincial or extra local; and moreover the fair distribution of the necessaries of life at reasonable prices, which seems to have been the dominant motive of the Board of Commerce and Fair Prices legislation, was a project of general importance and of common interest, potentially affecting the whole body politic.

In the Prohibition Case, 1896 Appeal Cases, at page 3*61, their lordships of the Judicial Committee expressed their conviction that "some matters, in their origin local and provincial, might attain such dimensions as to affect the body politic of the Dominion, and to justify the Canadian Parliament in passing laws for their regulation or abolition in the interests of the Dominion"; and apparently their lordships upheld the Canada Temperance Act, which was then under consideration, upon the ground that the dimensions of the liquor trade were such as to withdraw the particular subject matter of that Act from provincial powers. We are told however that the principle enunciated by the Prohibition Case is to be applied with great caution, and with reluctance, and that its recognition as relevant can be justified only after scrutiny sufficient to render it clear that the circumstances are abnormal. A constitutional power which is beset by these conditions, and which moreover depends upon the dimensions of its subject matter, is not a very safe one to rely upon; the principle has in fact been made effective only with relation to the Canada Temperance Act, notwithstanding that it was afterwards advocated in several cases where the subject of the enactment in question was held to remain provincial, although not lacking in growth, magnitude or general importance. Therefore I do not think that the dimensions doctrine can be successfully invoked to reconstitute the compulsory powers which were possessed by the Wheat Board,

It is clear that so long as a subject matter of legislation finds place within the enumerations of provincial powers it does not belong to the Dominion under its general authority to make laws for the peace, order and good government of Canada. It is certain that the essential compulsory powers of the Wheat Board are prima facie included in the provincial enumeration of property and civil rights or local matters in the provinces. In my opinion these powers do not lie within the field which may be occupied by the execution of the Dominion power to regulate trade and commerce, as that power has been expounded in successive decisions by the ultimate tribunal of appeal; and I think it may be affirmed without uncertainty that the necessary reconstructive powers are not comprehended in any other of the Dominion enumerations. While I do not suggest a doubt that conditions of export from the Dominion and foreign trade relations may be regulated by Parliament, I

am impressed wTith the view that these powers cannot be made a cover for legislation which denies the freedom of contract, capacity to buy and sell and the maintenance and exercise of proprietary rights which exist under the provincial laws. The powers of criminal legislation which belong exclusively to the Dominion are in their application to this case of an ancillary character and cannot as such be invoked to afford a sanction for measures in themselves ultra vires. Consequently it is my opinion that the reconstruction of the Wheat Board in the present circumstances with the powers conferred thereon by the Orders-in-Council is a project constitutionally incompetent to the Parliament of Canada.

Topic:   THE GRAIN TRADE
Subtopic:   CONSTITUTIONALITY OP RECONSTRUCTION OP WHEAT BOARD
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E. L. NEWCOMBE.


I concur, Sir LOMER GOUIN,


D. D. McKENZIE.


NOTICE OF MOTION TRANSFERRED On the motion: For a copy of all letters, telegrams, memoranda, reports to Council, Orders in Council and other documents in the possession of or under the control of the Government, relating to the alleged application of the British Empire Steel Corporation for incorporation under the Companies Act or any other Statute of the Dominion of Canada.


LIB

Lewis Herbert Martell

Liberal

Mr. L. H. MARTELL (Hants):

Mr. Speaker, I asked that this notice of motion for the production of papers be transferred to the debatable motions, and I understood that an order of the House was issued accordingly. I should like that to be done if possible.

Topic:   D. D. McKENZIE.
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

The motion will be

transferred accordingly.

UNOPPOSED MOTIONS FOR PAPERS Mr. PUTNAM:

For a return showing a list of the amounts paid, and the persons or firms to whom they were paid, in respect of maintaining the price on the stock markets of Victory Bonds, from the year 1916 to the end of the year 1921. Also a copy of all letters, telegrams, accounts, receipts, memoranda, agreements and other documents relating to this matter.

Topic:   D. D. McKENZIE.
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CON

Thomas Edward Simpson

Conservative (1867-1942)

Mr. SIMPSON:

For a copy of Timber License issued to the Union Bank of Canada or any other parties to cut timber on Indian Lands in the Township of Laird, District of Algoma, together with a copy of all correspondance, letters, memoranda, telegrams and other documents, passing between the Indian Agent at Sault Ste. Marie, the Licensees or any other parties, and the Department of Indian Affairs, in connection therewith. Also a statement of all dues paid the Department in respect to said License.

Topic:   D. D. McKENZIE.
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DAYLIGHT SAVING

LIB

William Frederic Kay

Liberal

Mr. W. F. KAY (Missisquoi) moved:

That, in the opinion of this House, it is desirable that legislation be introduced during

Daylight Saving

the present session to prohibit the adoption of Daylight Saving Time in any part of Canada.

He said: Mr. Speaker, the resolution

which stands in my name is, I think, of the greatest interest to the people of Canada at the present time. During the war daylight saving was introduced in Canada as a war-time measure, in order that the people of this country should be able to devote an extra hour of the evening to cultivating land, especially in the cities, where, by working on garden plots during this extra hour of daylight, people were able to cultivate a good deal of ground in the aggregate, and so help production. At that time this Parliament enacted a measure enforcing daylight saving throughout the country, and the people without exception accepted the change of time. Since the war ended, this Parliament has not seen fit to re-enact daylight saving legislation, but many of the cities have adopted the change. We find that as a rule the larger cities, through an order of their municipal councils, adopt daylight saving for themselves, but the smaller towns and villages all go by standard time. The result is that there is no uniformity in the clock, of this country, and this causes a great deal of confusion, and even some cases of unhappiness. I submit that if we must have daylight saving time-and I for one do not approve of it-the change should be adopted throughout the whole country, as it would be better to have a uniform time than the present bungle.

The railways, as members of the House all know, are still running on standard time, but in order to meet the convenience of their terminals, which are, of course, always in the cities, they advance their schedules one hour commencing with the first of May, so that on and after the first of May if you are going to leave Ottawa or any other city by a train scheduled to leave the station at three o'clock railroad time, that train leaves at four o'clock city time. If you leave Ottawa at four o'clock and travel to a station an hour's distance away, you will find that according to the local time there it is still four o'clock, whereas by Ottawa time it is five o'clock. This discrepancy creates a great deal of confusion in the minds of the people. As indicating the feeling of people throughout the Dominion on this matter, since giving notice of this resolution I have received a great many letters from all parts of the country commending me for bringing the motion

forward and expressing the hope that legislation will be introduced during the present session to prohibit any municipality from advancing its clocks at will. I do not wish to weary the House by reading all these letters but it may be worth while to quote from a few of them. I will commence by reading an excerpt from a letter from the county of Chateauguay:

It is a matter for congratulation to have at least one member of Parliament who is brave enough to rise in his seat and make a stand in favour of the general public. The so-called "Daylight Saving'' fad is class legislation of the worst kind, as its chief beneficiaries are the class who already have leisure enough. It is certainly not a measure calculated to be the greatest good to the greatest number, and is without doubt a detriment to agriculture. We wish you success for the manly stand which you have taken and trust that you will keep on with the good work.

Here is a communication from Ontario:

All success to you with your Bill to prohibit forever and ever the so-called daylight saving which is nothing else than a death knell to all people and especially children. Is there one who can come forth and show where anything was gained by such outrageous Acts? Who first put the clock back? Was it not Germany? Why should any civilized people follow their method? Since reading in Thursday's paper I have spoken to a great many, and have heard the greatest praise for the noble stand you are about to take. I will venture to say if a vote was taken nine out of ten would vote against any such measure; and the voice of the people is what all governments should seek on all important questions. I hope no dissenting voice will be heard when you bring in your notice.

Here is another, from New Westminster:

We, Local 134 of Amalgamated Associates of Street and Electric Railway Employees of America, endorse your stand on Daylight Saving. Passed at our regular meeting.

I have a letter from the city of Toronto which reads:

Notice in Mail and Empire of 23rd you are going to bring in a bill to prohibit daylight saving in the Dominion, and I, and thousands of others, earnestly pray that you will succeed in carrying it, as daylight saving is the worst fraud that ever was imposed on white people. We have a member here called T. Church. His hobby is daylight saving. He has tried to run this city-

Topic:   DAYLIGHT SAVING
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?

Some hon. MEMBERS:

Oh, oh.

Topic:   DAYLIGHT SAVING
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LIB

William Frederic Kay

Liberal

Mr. KAY (Reading) :

-and will try and run the House in Ottawa, so please tell him where he belongs.

Topic:   DAYLIGHT SAVING
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?

Some hon. MEMBERS:

Name.

Topic:   DAYLIGHT SAVING
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April 19, 1922