June 27, 1946

PC

Grote Stirling

Progressive Conservative

Mr. STIRLING:

Has it ever been used?

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

I am advised it has

been used to a considerable extent.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Harry Rutherford Jackman

Progressive Conservative

Mr. JACKMAN:

If I understand subsection 1 correctly, aif article could be described as a silver article, even though it contained a base metal, as long as the silver was -925 pure. Is subsection 1 drawn as carefully as the minister intends it to be? Reference to the definitions of "silver" and "silver article" in the interpretation section would not seem to disabuse my mind of the interpretation I have put upon this subsection.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

International custom in the manufacture of silver has called for a silver content of 925/1000ths with 75/1000ths copper. That is the only other metal commonly used in the manufacture of silver articles.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Harry Rutherford Jackman

Progressive Conservative

Mr. JACKMAN:

I take it the minister is referring to sterling silver, not to plated silver. It does not seem to me that this section gives the public the protection which I am sure the minister intends them to have. The wording would indicate that an article could be described as a silver article-the definitions in the interpretation section are by no means limited-as long as the silver in the article is [DOT]925 pure. Surely greater protection should be given to the public than appears to be given by this section.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

I am advised that this is considered as giving the public all the necessary protection. Ever since the sixteenth century 925/1000ths fine has been considered pure silver. In the great majority of cases copper has been the other metal used, but even if some other metal were used, if it were 925/1000ths fine it would still be classified as pure silver.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Douglas King Hazen

Progressive Conservative

Mr. HAZEN:

I think the point raised by the hon. member for Rosedale is worthy of consideration by the Minister of Justice. It depends upon the interpretation of section 8 of the bill, which says:

Subject to subsection- two of this section the mark "silver", "sterling" or "sterling silver" or

any abbreviation thereof may be applied to a silver article containing at least nine hundred and twenty-five parts by weight of pure silver in every one thousand parts of the silver in the article.

Then if you turn to the definition clause,

2 (p):

"silver article" means an article wholly or partly or purporting to be wholly or partly composed of silver.

Therefore it would appear that any article with silver in it is a silver article. Section 8 might be interpreted to mean that the silver in that article must represent 925 parts by weight of pure silver in the article. I may be wrong; I have not studied the point at all, but I think the wording of section 8 is worthy of consideration, particularly when you look at section 2(p).

Mr. ST. LAURENT: If the hon. member will look at subsection 2 of section 8 he will find that the only deviation permitted from the 925/1000ths is to the extent of ten parts in one-thousand when solder is used and four parts when solder is not used. The definition in clause 2 reads:

"silver article" means an article wholly or partly or purporting to be wholly or partly composed of silver.

But the only thing that can be marked "silver", "sterling" or "sterling silver" is something of which 925/1000ths is pure silver, with the permissive deviation provided for in subsection 2 of section 8. It may be that an article of which a part is silver would not be wholly of silver. The head of a cane may be of silver. A certain portion of the cane may be of ebony or something else. In order to mark that part which purports to be silver with the words "silver", "sterling" or "sterling silver", that part must contain at least 925/1000ths of pure silver, subject to the slight deviation provided for in subsection 2.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

John Thomas Hackett

Progressive Conservative

Mr. HACKETT:

Is that the international standard for sterling silver?

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

Yes.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink

Section agreed to. On section 9-Articles to which applicable.


PC

Gordon Knapman Fraser

Progressive Conservative

Mr. FRASER:

Subsection 2 says:

Except as authorized by sections ten and eleven of this act, a mark other than a mark authorized by this section shall not be applied to a plated article.

But section 10 permits the use of a trade mark, without waiting for official registration, once application has been made.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

Delay is sometimes unavoidable in authorizing the granting of the

Precious Metals Marking

proper marks, and this is intended to coyer the case where an application has already been made.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Gordon Knapman Fraser

Progressive Conservative

Mr. FRASER:

How long a delay is allowed?

Mr. MacIvINNON: It is a departmental delay. It might be very short, or it might run into a few weeks.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Gordon Knapman Fraser

Progressive Conservative

Mr. FRASER:

It would not go over a month ?

Mr. MacIvINNON: I could not guarantee that. It all depends on the state of affairs in the particular branch of the department which receives the application.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Gordon Knapman Fraser

Progressive Conservative

Mr. FRASER:

What I have in mind is that a number of articles which were not up to standard might be marked and sold before the department caught up with them.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

There is a close inspection, and we have had very close cooperation from the trade generally. It would be a very rare case in which advantage would be taken of that situation.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
PC

Gordon Knapman Fraser

Progressive Conservative

Mr. FRASER:

This is a safe clause to have in the bill?

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink
LIB

James Angus MacKinnon (Minister of Trade and Commerce)

Liberal

Mr. MacKINNON:

Yes.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink

Section agreed to. Sections 10 to 15 inclusive agreed to. On section 16-Time for laying information and complaint.


PC

Douglas King Hazen

Progressive Conservative

Mr. HAZEN:

This section says:

In the case of any offence punishable under this act the complaint shall be made, or the information shall be laid, within one year from the time when the matter of complaint or information arose.

W'hy is one year allowed? Why all the delay?

Mr. ST. LAURENT: If it was not expressly provided for in the bill the delay would be two years. The criminal code provides that in all cases not provided for by statute the proceedings to recover a penalty must be brought within two years from the time the offence is alleged to have been committed.

Topic:   PRECIOUS METALS MARKING
Subtopic:   REPEAL OF ACT-CONSOLIDATION OF STATUTORY PROVISIONS
Permalink

June 27, 1946