May 29, 1935

CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

If it is inspected as a measure there is a charge, of course, for that, but the utensils referred to are not considered measures and the intention is so far as possible to eradicate the use of them as measures but not as utensils.

[Mr. R. B. Hanson.j

Topic:   WEIGHTS AND MEASURES ACT
Permalink
CON

Albert Joseph Brown

Conservative (1867-1942)

Mr. BROWN:

There is no intention, I understand, of preventing their use as utensils?

Topic:   WEIGHTS AND MEASURES ACT
Permalink
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON:

No, just as measures.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

I do not think the section does what the minister thinks it does.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

Perhaps not. but the officials are of the opinion that it does.

Topic:   WEIGHTS AND MEASURES ACT
Permalink

Section agreed to. Sections 16 and 17 agreed: to.


CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

Last night we had a discussion in committee on the advisability of providing penalties by regulation. The sense of the committee was against that theory, and I am quite in accord with the view of the committee. But there are a few clauses of the bill in respect to which there is imposed no penalty, and it is thought by the department that it is necessary to have a general clause near the end of the bill which will provide for a penalty where it is not specifically provided for under the section. I therefore shall ask one of my colleagues to move the following amendment:

That the bill be amended by adding thereto

at the end thereof the following as section 18 of the bill:

"81a. Any person who acts in contravention of any provision of this act or any regulation made thereunder for which no express penalty is provided shall be guilty of an offence and liable to a fine not less than ten dollars and not more than twenty-five dollars for the first offence, and not less than twenty-five dollars and not more than one hundred dollars for a second offence, or to imprisonment for a period not exceeding six months."

I have inserted the word "express" so that it reads, "for which no express penalty is provided" because the hon. member for Shel-burne-Yarmouth (Mr, Ralston) suggested that.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
CON

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

Conservative (1867-1942)

Mr. GUTHRIE:

I move accordingly, Mr. Chairman.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB

James Layton Ralston

Liberal

Mr. RALSTON:

What is the penalty for

the second offence?

Mr. HANS'ON (York-Sunbury): Any subsequent offence might be a second offence.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

Section 82 provides for the procedure. It provides for the recovery of penalties under the Summary Convictions Act. It does not provide for

Industrial Disputes Act

imprisonment but for execution or levy, unless it is otherwise provided for. I will read section 82:

All penalties imposed by this act or by any regulation made under this authority, shall be recoverable with costs-

(a) before any civil court of competent jurisdiction, by any person who shall sue for the same, and in such case the amount of the judgment, if not forthwith paid, may be levied by execution and Sale of the goods and chattels of the offender; or

(ib) if the penalty does not exceed fifty dollars by summary conviction before any justice of the peace for the district, county or place in which the offence is committed, and, if the penalty exceeds fifty dollars, by summary conviction before any two such justices.

That is any official having the authority of two justices of the peace, as my hon. friend knows. The section proceeds:

Subject to the provisions of this act, the provisions of the criminal code relating to summary convictions shall apply to all prosecutions for penalties.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB

John Campbell Elliott

Liberal

Mr. ELLIOTT:

I am obliged for that

explanation but as I heard1 the amendment read it did not strike me as being very clear as to whether or not there was imprisonment for the first offence.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

No imprisonment for the first offence, and I dio not think there ought to be. The amendment now before the chair, section 81A, would cover minor offences. The major offences would come under sections 63 and 64. As I construe the amendment the imprisonment attaches to the second offence.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB
LIB

John Campbell Elliott

Liberal

Mr. ELLIOTT:

It was not clear as I heard the amendment read whether the imprisonment related to both the first and the second offences.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

I think

it follows the ordinary construction that imprisonment would apply only to the second offence.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

I am

only giving you my opinion for what it is worth, and perhaps it is not worth very much.

Topic:   WEIGHTS AND MEASURES ACT
Permalink
LIB
CON

Richard Burpee Hanson (Minister of Trade and Commerce)

Conservative (1867-1942)

Mr. HANSON (York-Sunbury):

If there is any doubt I think it ought to be made clear, and I will ask the Justice department to

92582-200J

do it. I think I could do it just as well myself, but I will ask them to do it and put the responsibility where it belongs. If they come to the conclusion that it is necessary to clarify it, we can deal with it on the third reading.

Topic:   WEIGHTS AND MEASURES ACT
Permalink

May 29, 1935