September 11, 1950 (21st Parliament, 3rd Session)


Donald Methuen Fleming

Progressive Conservative

Mr. Fleming:

There are three provisions in clause 3, subsection 1, each of which has a different purpose. In his statement this afternoon the minister indicated that the bill was designed to apply to three things. The first was instalment buying, the second was charge accounts, and the third was a matter that I shall mention in a moment. These provisions in paragraphs (a), (b) and (c) of section 3, subsection 1, seem to be intended to deal with these three matters that the minister spoke of this afternoon. I would point out that paragraphs (a) and (c) touch on matters that seem to be related to each other; but paragraph (b) touches on a matter which does not seem to be related to paragraphs (a) and (c). Paragraph (a) relates to the payment for consumer goods sold at retail under a conditional sale contract or any goods sold at retail under a charge account. Paragraph (c) relates to the repayment of loans, the proceeds of which are used to pay for consumer goods purchased by the borrower at retail. I mention, Mr. Chairman, that those two paragraphs seem to have this in common: It is the purpose of the loan which is the governing factor, not the security. But when we come to paragraph (b), we find that it deals with the repayment of loans wholly or partially secured on consumer goods purchased by the borrower at retail. That provision, it seems to me, makes not the purpose of the loan but the security the leading test. Having
regard to that fact, I wonder if the minister considers paragraph (b) of section 3, subsection 1, to be strictly necessary? In his remarks this afternoon I noted that he said this, and I take it that this particular remark applied to or foreshadowed section 3 (1) (b). He said: "It is necessary to take powers to regulate the repayment of loans which are made to finance the purchase of consumer goods. Such loans have the same effect as instalment credit, and must be treated in the same manner." He did not expand on that thought. It strikes me, Mr. Chairman, that there is a difference as between 3 (1) (b) on the one hand and 3 (1) (a) and 3 (1) (c) on the other.

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