December 11, 1962 (25th Parliament, 1st Session)

LIB

Leon David Crestohl

Liberal

Mr. Crestohl:

Mr. Chairman, under this clause the board is given the latitude to make bylaws for the regulation of its proceedings "and generally for the conduct of its activities". I think that the words "and generally" contained in that phrase in the clause could be confusing. We have had debates in this house in the past in which I think the Prime Minister, at one time, said that we ought to review our statutes to see to what extent authority is given to various boards to make their own bylaws. Frequently when making their own bylaws boards have allowed themselves rather unusual latitude. In some cases

Atlantic Development Board boards have been established and made bylaws which provided that there shall be no appeal from their decisions, that their decisions could not be taken before the courts, for example, by way of a writ of prohibition. Probably their bylaws carry them a little too far. I was wondering just how far this rather innocuous statement can take this board, when we give it power to make bylaws generally for the conduct of its activities. If it was intended that the board may make bylaws for the regulation of its proceedings, then that is sufficient and would be acceptable to me. But to go beyond giving it the authority to make bylaws for the regulation of its proceedings is, I think, going far beyond what parliament intends a board to do.
Therefore, Mr. Chairman, I ask the minister to give some explanation to this committee of what is intended by the words "and generally make bylaws for the conduct of its activities".

Topic:   ATLANTIC DEVELOPMENT BOARD
Subtopic:   PROVISION FOR DEFINITION OF DUTIES, APPOINTMENT OF MEMBERS, ETC.
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