June 3, 1940

SC

Charles Edward Johnston

Social Credit

Mr. JOHNSTON (Bow River):

Yes; living on a farm. The board absolutely refused to give her a ruling on the case and has not stated definitely whether she can come under the act or not. If one looks at the section, it appears that it neither gives the debtor the right definitely nor takes it away. Therefore, since it is not definitely stated that the board could deal with this matter, they threw the whole case out, and the woman has no protection. If that section were struck out, it would, I think, definitely give the board power to deal with these cases. It seems unfair that because a man delayed so long in dying, his wife should not come under this act. I do not think that was the intention.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

If my hon. friend will send me a memorandum of the case, I shall be glad to get a definite opinion with regard to the applicability of the act. My hon. friend will realize that July 3, 1934, is the date the act came into force. The act does not apply when death occurred prior to the act coming into force.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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SC

Charles Edward Johnston

Social Credit

Mr. JOHNSTON (Bow River):

But when other cases are allowed and this particular type of case is rejected, I do not think that is fair.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

My hon. friend has not got my point. I think the cases allowed are those in which the death occurred after the act came into force and the deceased had qualified as a farmer. The situation which the hon. member is putting now is where the farmer had died prior to the coming into force of the act. I am speaking without the book and without any experience as to the practice before these boards, but I think if the widow could qualify as a farmer in her own right, she would be entitled to relief. If my hon. friend will give me a memorandum of the case, I shall be glad to take it up not only with the officer administering the act but with the board.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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CCF

Thomas Clement (Tommy) Douglas

Co-operative Commonwealth Federation (C.C.F.)

Mr. DOUGLAS (Weyburn):

The minister will remember that the board of review in Saskatchewan was changed some time in December, 1936. Has the minister the number of cases dealt with by the first board, the board under Mr. Justice McLean I believe, that was in office in 1935 and 1936?

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

I am sorry I have not those figures separately. I have only the total number of cases, by provinces.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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CCF

Thomas Clement (Tommy) Douglas

Co-operative Commonwealth Federation (C.C.F.)

Mr. DOUGLAS (Weyburn):

Has the minister the average reduction of accumulated debt of all cases handled in Saskatchewan?

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

Yes, to March 31, 1939. In Saskatchewan the average reduction per case was S3,998.82, the average debt per case being $10,400.95. Those are cases dealt with by the board of review. In the cases dealt with by official receivers, the average reduction per case is 82,677.05, the average debt per case being $7,434.69.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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CCF

Thomas Clement (Tommy) Douglas

Co-operative Commonwealth Federation (C.C.F.)

Mr. DOUGLAS (Weyburn):

Has the minister the percentage of the amount reduced to the total debt?

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

Yes; on secured debt, dealt with by boards of review, the percentage is 37-96 per cent. For unsecured debts it is 43-87 per cent; or the total average, 38-45 per cent.

Farmers' Creditors

Of debts dealt with by official receivers, the reduction in case of secured debts was 34-78 per cent; unsecured, 46-37 per cent, or an average of 36-01 per cent.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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CCF

Thomas Clement (Tommy) Douglas

Co-operative Commonwealth Federation (C.C.F.)

Mr. DOUGLAS (Weyburn):

The minister has some valuable tables there. In other years I have put questions on the order paper in order to get that information. Would the minister care to table that information in order that members may have it without having to ask for it?

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

The total is the only other thing I have.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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NAT

Richard Burpee Hanson (Leader of the Official Opposition)

National Government

Mr. HANSON (York-Sunbury):

If the

minister has a table for all the provinces in convenient form, it might be valuable.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

I do not see any objection. As a matter of fact, I spoke to the officer who is administering the act, and he tells me that shortly the report for the year with regard to the operation of the boards of review will be filed and this information will be in it. But at the moment I see no reason why I should not table this statement, which is up to March 31, 1939. The Saskatchewan figures are as follows:

Farmers' Creditors Arrangement Act, 1934

Statistical review of cases disposed of by boards of review and official receivers

to March 31, 1939

Saskatchewan

Average Average

No. of Average debt reduction annual interest cases per case per case reductionBoards of review

3,653 $10,400 95 $3,998 82 $276 43Official receivers

2,491 7,434 69 2,677 05 194 80Total

6A14 9,198 32 3,467 81 243 38

Debt reduction percentages

Secured Unsecured Total

Boards of review

37-96 43-87 38-45Official receivers

'-4-78 46-.ii 36-01Total

35-03 44-83 37-65

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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CON

John George Diefenbaker

Conservative (1867-1942)

Mr. DIEFENBAKER:

There are some official receivers who encourage applications and others who more or less discourage them. Would the minister state the basis on which official receivers are paid? Is it a fee basis or a sum per month?

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

As I remember, it is a .tariff of fees.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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CON

John George Diefenbaker

Conservative (1867-1942)

Mr. DIEFENBAKER:

Has that always been the basis since the inception of the act?

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

I happen to be looking at the schedule for Prince Edward Island, appointment January 1, 1936. In Saskatchewan the official receivers are without exception on a tariff of fees all the way through back to 1934.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
Permalink
LIB

James Layton Ralston (Minister of Finance and Receiver General)

Liberal

Mr. RALSTON:

All I can say is that in the schedule I have here I see appointments back as far as 1934, and running down to 1935 and 1936, and opposite the names of every one of the official receivers is the statement "tariff of fees." There may be a question in that the tariff of fees may be in effect to-day but may not have been when they were appointed.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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NAT

Arza Clair Casselman (Chief Opposition Whip; Whip of the Progressive Conservative Party; Whip of the Conservative Party (1867-1942))

National Government

Mr. CASSELMAN (Grenville-Dundas):

In one county I know definitely that it was a monthly basis.

At six o'clock the committee took recess.

After Recess

The committee resumed at eight o'clock.

Section 2 agreed to.

Topic:   FARMERS' CREDITORS
Subtopic:   AMENDMENT OF ARRANGEMENT ACT AS TO PROPOSALS FOR COMPOSITION, ETC., IN MANITOBA
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June 3, 1940