March 8, 1929

PRIVATE BILL

FIRST READING


Bill No. 74, respecting The Premier Guarantee and Accident Insurance Company of Canada.-Mr. Lawson.


REPORTS OF COMMITTEES


Third report of select standing committee on railways, canals and telegraph lines-Mr. Cahill. Third report of select standing committee on banking and commerce-Mr. Hay.


NAVIGATION AND WATER POWERS

DOMINION-PROVINCIAL JURISDICTION-REFERENCE TO SUPREME COURT

LIB

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

Liberal

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

Mr. Speaker, I beg to lay on the table the questions submitted to the Supreme Court of Canada and the formal answers thereto in the matter of a reference as to the relative rights of the Dominion and the provinces, respectively, in relation to the proprietary interest in, and legislative control over, waters with respect to navigation and water-powers created or made available by or in connection with works for the improvement of navigation, and also the factum on behalf of the Attorney General of Canada in this matter. These documents Were requested by the hon. member for Leeds (Mr. Stewart), the day before yesterday.

Topic:   NAVIGATION AND WATER POWERS
Subtopic:   DOMINION-PROVINCIAL JURISDICTION-REFERENCE TO SUPREME COURT
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CON

Richard Burpee Hanson

Conservative (1867-1942)

Mr. HANSON:

May I ask if the reasons

for judgment are included in the papers just laid on the table, also whether or not these papers will be printed?

Topic:   NAVIGATION AND WATER POWERS
Subtopic:   DOMINION-PROVINCIAL JURISDICTION-REFERENCE TO SUPREME COURT
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LIB

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

Liberal

Mr. MACKENZIE KING:

The question

of printing is for the joint committee on printing to decide. With relation to my hon. friend's other question, the opinion and the reasons for the opinion are contained in the papers I have tabled.

Beauharnois Power Project

Topic:   NAVIGATION AND WATER POWERS
Subtopic:   DOMINION-PROVINCIAL JURISDICTION-REFERENCE TO SUPREME COURT
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COMMITTEE ON AGRICULTURE

REFERENCE OF ANNUAL REPORT OF DEPARTMENT OF AGRICULTURE AND COLONIZATION

LIB

William Frederic Kay

Liberal

Mr. W. F. KAY (Brome-Missisquoi):

I beg to move, seconded by the hon. member for Queens (Mr. Sinclair), that the report of the Department of Agriculture and Colonization for the year 1928 be referred to the select standing committee on agriculture and colonization.

Topic:   COMMITTEE ON AGRICULTURE
Subtopic:   REFERENCE OF ANNUAL REPORT OF DEPARTMENT OF AGRICULTURE AND COLONIZATION
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Motion agreed to.


BEAUHARNOIS POWER PROJECT

ANNOUNCEMENT OF APPROVAL OF PLANS AND SITE UNDER NAVIGABLE WATERS PROTECTION ACT

LIB

John Campbell Elliott (Minister of Public Works)

Liberal

Hon. J. C. ELLIOTT (Minister of Public Works):

Mr. Speaker, I should like to obtain the unanimous consent of the house to make a statement on a matter of public interest and importance. I desire to inform the house that an order has been passed to-day by His Excellency in council approving the plans and site of the Beauharnois Light, Heat & Power Company, as set forth in the company's application to the Department of Public Works. As the house no doubt will desire immediate information with respect to the essential features of the approval granted, I would ask its permission to make a statement which I have prepared with regard to the more important conditions.

Under authority of an act and of an order in council of the province of Quebec a lease was given on June 23, 1928, by the government of that province to the Beauharnois Light, Heat & Power Company. This lease grants to the company the rights of the province of Quebec to such part of the hydraulic powers of the St. Lawrence river as can be developed between lake St. Francis and lake St. Louis through a canal having a maximum capacity of 40,000 cubic feet per second. It contains the provision that if the approbation required from the federal government be not obtained within twelve months from the signature of the lease it may be cancelled by the government of Quebec. The company applied to the Minister of Public Works for the approval of the plans and site of the works proposed under the Navigable Waters Protection Act. In the approval given it is expressly stated that nothing is granted except approval of the proposed works under the provisions of the Navigable Waters Protection Act, and that the approval shall take effect only after an agreement, in-78594-50

corporating the conditions enumerated in the order in council and satisfactory to the Minister of Public Works, has been executed between the company and His Majesty the King.

After an exhaustive investigation a committee of Dominion government engineers reported that the works proposed in the plans and application filed by the company would not in their opinion impede or interfere with navigation if the conditions recommended by the committee are met by the company; and that if the works are constructed in accordance with the plans and conditions they can be efficiently utilized in connection with and as part of a feasible and economical scheme for the deep waterway development of the St. Lawrence river. In this connection I would draw the attention of hon. members to the following conditions which are part of the order in council:

Whenever the governor in council shall decide to construct locks and appurtenant works to connect lake St. Louis with the canal reach for navigation purposes, His Majesty shall have the right, by his servants or agents to enter upon and use any part of the applicants' lands, buildings, property or works which may be required for the purposes of such construction, and for the operation and maintenance of such locks and appurtenant works when completed, and the applicants shall convey to His Majesty, the King, in the right of the Dominion of Canada. free of all cost or encumbrance, the title to the necessary land sufficient for the site of such locks and appurtenant works, and no claim for any indemnity whatsoever owing to loss or inconvenience to works, operations, installations or distribution of power will be made by the company arising out of the construction of temporary or permanent works by His Majesty, either at the entry works, along the course of the stream, or at or below the proposed works.

In other words, should the government at any future time desire to use the canal constructed by the Beauharnois power company as a part of the greater St. Lawrence shipway, this substantial link, estimated to cost $16,000,000, will become the property of the people of Canada free of cost. Another condition of the order in council is as follows:

The approval hereby granted is given upon and subject to the condition that in case it should be judicially determined that His Majesty in the right of the Dominion is entitled to any of the pow-er now or hereafter to be developed in connection with the works the subject of this approval or any works hereafter to be constructed by virtue hereof by the company or which His Majesty may construct then and in such event the company shall pay to His Majesty in the right of the Dominion such compensation by way of annual rental as the governor in council may from time to time determine, and shall comply with all rules and regulations which may be made by the governor in council with respect to the rentals to be paid to the government, the sale

Topic:   BEAUHARNOIS POWER PROJECT
Subtopic:   ANNOUNCEMENT OF APPROVAL OF PLANS AND SITE UNDER NAVIGABLE WATERS PROTECTION ACT
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*IBVISED EDITION


Beauhamois Power Project of power, the regulation of price thereof and the other matters now referred to in the regulations respecting Dominion water-powers. Approval by the government of the application, is given subject to conditions which also include provisions,- That the diversion of water authorized by the province of Quebec shall be effected by and at the cost of the company by the construction of a canal 600 feet wide on the bottom, by 27 feet in depth at low stage, and at a rate of flow not exceeding 2i feet per second; that the canal, the embankments, walls, and retaining structures shall be constructed and maintained by the company in accordance with the standards of the international joint board of engineers and that the canal and every part thereof shall be constantly available for public navigation to the same extent as that provided in the case of the new Welland ship canal; That the company shall convey to the crown in the right of the Dominion of Canada, free of all cost or encumbrance, whatever property may be selected by the government for the purpose of sites for locks, approach works, guard piers and appurtenant works leading from the canal to lake St. Dorns, and Shall provide such sites for aids to navigation and public wharves as may be determined by the government to be necessary; That the company shall provide, free of cost to the government, electric power for the operation of locks and bridges and for lighting along the canal up to 3,500 horsepower per annum maximum demand, and in case additional power be required the company shall supply it at a rate not exceeding that paid by the customer having the lowest contract price with the company; That the company shall not commence construction work until detailed plans have been approved, and the company shall whenever required provide any additions to, alterations in or removal of the works to preserve and maintain navigation on the river St. Lawrence ; That the works shall be constructed by the company to the satisfaction of the engineer or engineers authorized for such purpose by the minister, and the decision of the engineer or engineers shall be final and conclusive upon all questions which may arise in connection with the construction of the works; That the works approved or made shall at no time raise the natural level of the water in the river St. Lawrence above the international boundary, or in any way contravene the terms of the Boundary Waters Treaty of 1909 or the treaty of Washington of 1871; That the company shall save the Dominion government harmless should the construction of the work affect rights heretofore existing, and shall be responsible for and must compensate for any damage caused by the works to other companies or interests owning or operating water-powers on the St. Lawrence river, and shall settle all claims of riparians and other persons who may sustain any loss or damage in connection with the construction of the company's works; That His Majesty shall at any time be entitled to acquire and take over the canals, works, buildings, erections or other property of the company constructed under or pursuant to or in lieu of tlhe works shown in the plans approved by the order in council, and the lands upon which they are made or constructed, or such part thereof as in the opinion of the governor in council may be necessary, paying therefor such compensation as may be agreed upon between the parties or as may be fixed by the Exchequer Court of Canada in case of failure to agree; but in fixing such compensation consideration shall not be given to rights or privileges acquired by the company under or by virtue of the order in council granting approval; That the company shall submit to all regulations imposed in the interest of navigation, and that the works approved or any modifications therein hereafter approved shall be operated in conformity with the requirements of navigation on the St. Lawrence river, and the water to be used shall not at any time exceed the maximum quantity of 40,000 cubic feet per second; That in any question arising upon the application the settlement thereof shall be governed by the full recognition of the dominant interest of navigation and tb" necessity of reserving therefor all or any requisite parts of the natural flow of the St. Lawrence river. From the foregoing it will be apparent that in granting its approval under the Navigable Waters Protection Act, of the plans and site of the Beauharnois Light, Heat and Power Company, the department has fully and adequately protected the public interest both with respect to conditions as at present existing and as regards all possible future develop^ ment. of a greater St. Lawrence shipway. The Budget-Mr. Manion In order that bon. members may have full information at the earliest possible moment I desire to lay on the table the order in council passed to-day.


CON

Hugh Guthrie

Conservative (1867-1942)

Mr. GUTHRIE:

Will my hon. friend lay

on the table the complete order in council?

Topic:   *IBVISED EDITION
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March 8, 1929