June 6, 1938


Section agreed to. On section 16-Licencee subject to tolls.


CON

Grote Stirling

Conservative (1867-1942)

Mr. STIRLING:

This is giving the minister the same sort of discretion in administration, is it not? Subsection 2 provides that any tolls may be either for the whole or for any particular portion of the route of the licencee. It gives the minister a tremendous power in the application of the act, does it not?

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

This does not give the minister any power; it gives power to the board. This is exactly the same as section 323 of the Railway Act. I think the section is all right; it is simply a recast of a clause in the Railway Act.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink

Section agreed to. On section 17-Licencee to file tariff with board.


LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

This part of the act consists of relevant extracts from the Railway Act, I think in every case.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART:

This section does not in any way change the existing section?

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

No. We wanted to make this act complete in itself, and we took out the relevant sections of the Railway Act and quoted them exactly.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink

Section agreed to. On section 18-If licencee a corporation.


CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART:

What is the effect of the change there?

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

A good many corporations appoint the rate-making authority by resolution rather than by by-law, and we simply added the word "resolution."

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART:

I notice that the words "in respect of the transport of goods or passengers" have been deleted. Is it necessary to have those words out?

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

That is covered by the definitions, and in committee it was felt that it was unnecessary to have those words in this section.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink

Section agreed to. Transport Commission



On section 19-Tolls to be as specified in tariff.


CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART:

Does the part of the act concerning agreed charges apply to this?

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

The agreed charges section is separate from this, though both are parts of the same act.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART:

Does it apply here?

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

No, I think this applies only to the ordinary tariffs of the board. There are three tariffs in addition to the agreed charges; the standard tariff, the special tariff, and the special competitive tariff. I think this chapter applies particularly to those. The agreed charge is a written contract between two parties, and the provisions concerning the agreed charges are dealt with in the next part of the bill.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
CON

Hugh Alexander Stewart

Conservative (1867-1942)

Mr. STEWART:

On its face it just looked as though compelling them to adhere to the tariff would be in conflict with the right to make an agreed charge.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink
LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Mr. HOWE:

The apparent conflict is taken care of in the section dealing with agreed charges.

Topic:   TRANSPORT COMMISSION
Subtopic:   AUTHORITY TO CONTROL TRANSPORT OF PASSENGERS AND GOODS BY RAILWAYS, SHIPS AND AIRCRAFT
Permalink

June 6, 1938