May 9, 1934

CON

Robert Weir (Minister of Agriculture)

Conservative (1867-1942)

Mr. WEIR (Melfort):

That is in many

cases entirely up to the provincial government. So far as interprovincial and export trade is concerned there will be uniformity with reference to the workings of the board, but schemes may be submitted within a province and a provincial marketing board based on those schemes, set up. The dominion board may name or use that provincial board as their local board or agency.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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LIB

Ian Alistair Mackenzie

Liberal

Mr. MACKENZIE (Vancouver):

So that ior purposes of operation the majority percentage might be quite different in British Columbia from what it was in Nova Scotia?

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Robert Weir (Minister of Agriculture)

Conservative (1867-1942)

Mr. WEIR (Melfort):

Yes.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

Yesterday I asked this

question:

Mr. Beaubien: Suppose sixty or seventy-five per cent of the growers of any natural product desire to form themselves into a cooperative marketing organization and through their local or provincial boards come to the minister here with a scheme for the marketing of that product: can the marketing board under this bill compel the other forty or twenty-five per cent that are growing the same commodity to go into this marketing scheme, or can it not? I would like to have a direct answer to that question.

Mr. Weir (Melfort): That is a possibility under certain conditions.

And further on:

Mr. Beaubien: The minister said: "that is a possibility under certain conditions." Are the conditions under which it might happen mentioned anywhere in the bill? What are the conditions?

Mr. Weir (Melfort): They are in so far as they can be set out in detail.

May I ask the minister this question: I think he is firmly convinced that the only way that any marketing scheme in respect of any product can be brought about is through compulsion-compulsory cooperation; and the percentage that do not wish to go in will have to be compelled to go in. Suppose we assume that sixty per cent of the producers of a commodity get together and come to the minister with a scheme for cooperative marketing: can he by legislation put the scheme into effect without the sanction of the province?

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Robert Weir (Minister of Agriculture)

Conservative (1867-1942)

Mr. WEIR (Melfort):

The question raised by the hon. member for Provencher is dependent upon so many different conditions that I am sure he would not ask me to give one specific answer to it. I think, as we proceed with this bill, he will realize that every effort has been made to prevent any conflict between provincial and federal jurisdiction in this matter. A province may use a board set up by the federal government or we may

Marketing Act

use one of the provincial boards, as the case may be. One of the big tasks in framing this legislation has been to try to get over the difficulty that is confronting the hon. member.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

I would like to get this clear in my mind. If the minister approves a scheme submitted to him by a majority, can he, without provincial legislation, compel the minority w'hich does not wish the scheme, to go into it? If he cannot answer the question,

I shall not insist on it.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Robert Weir (Minister of Agriculture)

Conservative (1867-1942)

Mr. WEIR (Melfort):

My understanding is that the matter would be a provincial one.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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LIB

Ian Alistair Mackenzie

Liberal

Mr. MACKENZIE (Vancouver):

Is the minister in receipt of copies of the various legislative acts passed by the provinces with respect to this legislation, and could those copies be tabled by Friday? I understand the various provinces have passed different pieces of legislation to enable them to implement or to proceed under this measure.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Robert Weir (Minister of Agriculture)

Conservative (1867-1942)

Mr. WEIR (Melfort):

That is correct. My understanding is that we have copies of the legislation passed by the various provinces, and I shall be glad to table all we have.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

Suppose a majority of the growers of a particular commodity ask for a scheme, and the minority, who have not endorsed it, are compelled to go into it: Are there any provisions in this bill or will provisions have to be made by the provincial legislature to give this minority, let us say of forty or twenty-five per cent, some board or representation of some kind? The reason I ask the question is this: If you are going to have cooperation and if a certain percentage of the growers of the particular commodity formulate a scheme and force the minority into it, unless you give the latter some leeway I do not see how you are going to have any harmony in connection with the scheme.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Hugh Guthrie (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. GUTHRIE:

If the question my hon. friend has just asked involves only trade within the province in which the board is set up, then the provincial authorities would have to grant any protection such as he thinks should be granted. But if the trade in the commodity produced in the province is to be carried on interprovincially or internationally, the jurisdiction is with the federal government. I understood from his question that he referred to trade within a particular province by producers in that province. If he did, that trade would be under provincial authority; if it is interprovincial or international trade, it would be under federal authority.

(Mr. R. Weir.]

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

Practically every natural product which is grown to-day is traded in interprovincially as well as internationally. There is no question about that. There is no commodity produced in any province the consumption of which is restricted to that province.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Hugh Guthrie (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. GUTHRIE:

Then if it is interprovincial it is a federal matter and not provincial, But it is not right to say that every article produced! is traded in interprovincially. There are cases in the courts deciding that very point; where the trade is provincial it has been held that the federal government has nothing to do with it. The fruit case from British Columbia is one; that was a decision of the supreme court of Canada, not of the judicial committee of the privy council, and I do not know that the case will ever go further than the supreme court of Canada. This bill is drafted on the basis of the decision in the fruit case that interprovincial trade in Canada is under the authority of the federal government.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

Then from the remarks of the Minister of Justice I take it that the claim that provincial legislation will control the compulsory features, on account of the provinces having jurisdiction over civil rights, is only drawing a herring across the trail. If trade in any commodity which comes under this scheme is interprovincial or international, the provincial jurisdiction will be nil if the dominion government have full power.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Hugh Guthrie (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. GUTHRIE:

With regard to such

part as goes beyond the confines of the province, that is right.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

I think the minister

will admit that very few commodities that will come under this measure are not traded in interprovincially. I do not know of any.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Hugh Guthrie (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. GUTHRIE:

Take the fruit crop in

Ontario; the greater part by far is sold in Ontario.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

We consume some of

it in Manitoba.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Hugh Guthrie (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Mr. GUTHRIE:

That part is federal. But the trade in the province of Ontario will be under the control of the provincial government.

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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CON

Charles-Philippe Beaubien

Conservative (1867-1942)

Mr. BEAUBIEN:

But may I ask-I do

this for information, not to obstruct the bill -with regard to a commodity such as apples, grown in Ontario and consumed all over the dominion-

Topic:   MARKETING ACT
Subtopic:   ORGANIZATION TO IMPROVE METHODS AND PRACTICES IN MARKETING NATURAL PRODUCTS
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May 9, 1934