June 10, 1938

CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Right Hon. R. B. BENNETT (Leader of the Opposition):

The amendments made in

the Senate are really for the purpose of meeting what I conceive to be a valid objection as to the exercise of its powers by this parliament. Whether or not that is being done I am in doubt. The proposed amendments provide that this act shall be read and construed as one with the following acts: The Manitoba Natural Resources Act, the Alberta Natural Resources Acts, and the Saskatchewan Natural Resources Acts. The effect of that is to seek to remedy the difficulty to which attention was directed and treat the amendments now made as though it were part of the original agreement, so that they should be read together as one agreement. Whether or not that is achieved I have some doubt, but certainly it does give a semblance of authority to this parliament to deal with it by endeavouring to make it appear that the proposals now made were proposals that appeared in the original agreements. To that extent I am certain that it does greatly improve the situation; but I still have grave doubts as to whether it may not be considered an amendment of the constitution. That in itself requires the approval of the imperial parliament to give it validity, in view of the fact that we did specially reserve the water under the lands, and did not include it in the transfer of resources. But the amendment as proposed will at least have this effect: it will link the statute under consideration with the original agreement, making them read as one.

Topic:   NATURAL RESOURCES
Subtopic:   CONFIRMATION OF CERTAIN AGREEMENTS BETWEEN DOMINION GOVERNMENT AND PROVINCES OF MANITOBA, SASKATCHEWAN AND ALBERTA- CONCURRENCE IN SENATE AMENDMENTS
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Motion agreed to.


HIGH COMMISSIONER'S ACT

AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.


Right Hon. W. L. MACKENZIE KING (Prime Minister) moved the second reading of Bill No. 146, respecting the High Commissioner for Canada in the United Kingdom. Motion agreed to, bill read the second time, and the house went into committee thereon, Mr. Sanderson in the chair. Section 1 agreed to. On section 2-Appointment.


CON

Charles Hazlitt Cahan

Conservative (1867-1942)

Mr. CAHAN:

Has the government considered, as a matter of policy, the expediency of Canada appointing high commissioners to one or more of the autonomous dominions?

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

The government has been considering that matter. The committee I think may expect an appointment to be made before very long to at least one or two of the other dominions.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

Would not legislation be required ?

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

Yes, I think it would.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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Section agreed to. Section 3 agreed to. . On section 4-Officers and clerks.


CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

It will be observed that it was provided in the former act that the high commissioner shall:

(b) take the charge, supervision and control of the immigration offices and agencies in Great Britain, under the Minister of Immigration and Colonization.

That apparently is dropped.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

It is dropped for the reason that there is no longer a minister of immigration and colonization.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

But it is merged in

another department.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

Yes. Under the old act the high commissioner took his instructions from different ministers. Under the new section the governor in council determines the powers and duties to be carried out by the high commissioner, and it is proposed that he shall take his instructions from the Secretary of State for External Affairs.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I think it would be

adequately covered, except that it was specific in the one case. It will be recalled that there is a sort of immigration office attached

High Commissioners Act

to the high commissioner's office in London; they do deal with that matter under the Department of Immigration. The effect of the change will be to transfer it to the Secretary of State for External Affairs, subject however to the provisions of the order in council that will enable it to be dealt with by the high commissioner there. As it stands now there is no doubt that there is a branch of our immigration department in the building, and that the high commissioner exercises his powers by virtue of the old statute. It is true that the name " the Minister of Immigration and Colonization " has disappeared, but the duties are performed by the Minister of Mines and Resources. Under the new bill, he has to carry out the instructions of the Secretary of State for External Affairs, and he also is to give effect to any orders in council which may be passed for the purpose of conferring upon him power and authority to do and perform duties which may be therein mentioned.

The only point I desire to make is that as it stands it will require, I conceive, an act on the part of the Minister, Secretary of State for External Affairs, or an order in council, to continue the position that obtains there at the present moment.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

What the right hon. the leader of the opposition has in mind is covered I think by subsection (c). He has been referring more particularly to subsection (b). Subsection (c) reads as follows:

(c) subject to the provisions of the preceding paragraphs, supervise the official activities of the various agencies of the Canadian government in the United Kingdom.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
Permalink
CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I think that is broad enough to cover all the others.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

Yes. The immigration office at the moment I understand is not in the high commissioner's office; it has been moved elsewhere. But under the order in council passed some time ago the supervision of the immigration office was placed under the high commissioner. The situation had therefore been covered in the past under the general order. The only change which in reality is being made is with regard to instructions of a specific kind making it clear that they will go to the High Commissioner through the Secretary of State for External Affairs.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

The only reason I raised the question is that the general power was contained in a section of the old act in somewhat different language. It says that he may [Mr. Bennett.1

carry out such instructions as he receives from time to time respecting the commercial, financial and general interest of Canada in Great Britain and elsewhere. I raised the issue merely for the purpose of directing the attention of the Prime Minister to the fact that that is omitted, deliberately I take it, to be covered by subsection (c) of section 3, and the instructions will come from the Secretary of State for External Affairs.

There are two words left out which I think the Prime Minister may regard as valuable, having regard to the appointment from time to time of the high commissioner to Geneva. Those words are "and elsewhere" at the end of the section, which enable us from time to time thus to deal with his position. The words " and elsewhere " are deleted. The minister may desire to send him to France or Switzerland, but if there is a limitation imposed on his authority "in the United Kingdom" I doubt whether the power is conferred upon the minister to give the general directions which might become necessary.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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LIB

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

Liberal

Mr. MACKENZIE KING:

I am inclined to think that the government would have power to direct any servant of the crown to go to any place to which it might be desirable to send him on public business. For example we have frequently sent the minister in France to Geneva. I do not think that as matters stand we would need to amend the section.

Topic:   HIGH COMMISSIONER'S ACT
Subtopic:   AMENDMENTS WITH RESPECT TO PROVISION FOR SALARY, ETC.
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June 10, 1938