May 28, 1925

LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

Oh, no.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

The paragraph reads:

Dominion analyst" means any analyst appointed by the government of Canada and having authority to make analyses for any public purpose.

I presume that would include an analyst of iron ore, of silver ore, or of anything.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

The inference, I

imagine, is that this is an interpretation of "Dominion analyst" as applied to this act. This is an interpretation for the act we are considering, not for any other act.

361S

Dairy Industry Act

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

I know that.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

If we attempted to express specifically everything that is plainly implied, we should have a rather cumbersome act. This cannot be the interpretation clause for any other act than the present one.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

I suggest that the minister add the words at the close of his definition, "having authority to make an analysis for any public purpose under this act." We should not legislate by inference. The minister will be coming back next session and patching the law up again.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

Do not let my right hon. friend be exercised about that. In the first instance these laws were enacted years ago, and I am only trying to iron out kinks that were left in them by my right hon. friend's government. The old act says:

In this act, unless the context, otherwise requires,- "butter" means the food product commonly known as butter.

And "creamery" means so-and-so; "dairy" means so-and-so.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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PRO

Thomas Alexander Crerar

Progressive

Mr. CRERAR:

What does "analyst" mean?

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

It is not defined.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

It was not defined

in the old act, and that is why it is underlined here. In any consolidation of this act the whole thing would run concurrently under these various subheads down to "Dominion analyst" in the amendment, and the words "in this act" would apply to them all. I am not a legal authority, but surely that would be the case.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

It certainly applies to

all; nobody suggested that it did not. I have no doubt the minster is a good farmer, but I would not recommend him to the study of law at his age.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

I have no intention of doing so. I would say the same for my right hon. friend and suggest that he hesitate just as much about trying to study agriculture at his age.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

I will try to point my

meaning out to the minister; it is not very material to me whether he accepts it or not. The amendment to the last was not factious in its character, and this is not either. The way the act will read, including this definition, is as follows:

In this act, unless the context otherwise requires,- "Dominion analyst" means any analyst appointed by the government of Canada and having authority to make analyses for any public purpose.

I do not think it is the minister's intention that "Dominion analyst" shall mean anything of the kind in this act. Where "Dominion analyst" appears throughout the various clauses of the act he would not want it to mean a Dominion analyst of seeds, but it would mean that by his definition. I made a very simple suggestion which would cure everything in a minute; it is merely a little negligence in drafting. It could read "for any public purpose under this act." I do not think the word "public" is necessary, but it does not do any harm.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

We will let this

paragraph stand until we draft, that and make sure it does not apply to some other act.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

All right.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

George Newcombe Gordon (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Paragraph (o) stand?.

Paragraph (p), "illegal dairy product" has been amended by the committee on Agriculture by substituting the word "which " for the word "with" on line 23-a clerical error.

Paragraph (p) agreed to.

On paragraph (q)-"Oleomargarine"

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

There was no

definition before.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Arthur Meighen (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. MEIGHEN:

I do not object to the

drafting at all, but this is a pretty wide definition of oleomargarine. It may be safe to do it, I do not know; more practical people would be better judges of that than I am. It says:

All food substances other than butter, of whatever origin, source and composition which have the appearance of and are prepared for the same use as butter.

I do not know what that might include; it is pretty wide.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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LIB

William Richard Motherwell (Minister of Agriculture)

Liberal

Mr. MOTHERWELL:

It is meant to be

wide. My right hon. friend is quite right. In entering prosecutions we have to prove everything right up to the hilt before we can get a conviction, because sympathies go to the individual when the government is prosecuting; so that everything has to be made plain. We have all sorts of concoctions with oleo oils and cocoanut oils and we have all proportions of butter included therein. While the usual understanding is that oleomargarine contains only a small amount of butter, sometimes we have compounds called "manna" which contain fifty per cent of butter. We have to make the provision wide and comprehensive to cover all the various compounds that are imitations of butter. Then, the oleo *oil portion of the beef fat is a constituent part in oleomargarine, and when mixed with

Dairy Industry Act

milk fats this oleo oil resembles oleomargarine.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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CON

Leon Johnson Ladner

Conservative (1867-1942)

Mr. LADNER:

Unless there is some other qualifying clause, this is wide enough to include lard.

Topic:   QUESTIONS
Subtopic:   THE DAIRY INDUSTRY ACT, 1914, AMENDMENT
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May 28, 1925