Open Collections

BC Sessional Papers

PAPERS Relating to the Acts by the Legislature of the Province of British Columbia during the Session… British Columbia. Legislative Assembly 1898

Item Metadata

Download

Media
bcsessional-1.0063839.pdf
Metadata
JSON: bcsessional-1.0063839.json
JSON-LD: bcsessional-1.0063839-ld.json
RDF/XML (Pretty): bcsessional-1.0063839-rdf.xml
RDF/JSON: bcsessional-1.0063839-rdf.json
Turtle: bcsessional-1.0063839-turtle.txt
N-Triples: bcsessional-1.0063839-rdf-ntriples.txt
Original Record: bcsessional-1.0063839-source.json
Full Text
bcsessional-1.0063839-fulltext.txt
Citation
bcsessional-1.0063839.ris

Full Text

 61 Vict.
Acts of 1897.                                                    645
PAPEES
Relating to the Acts passed by the Legislature of the Province of British Columbia
during the Session of 1897.
By Command.
JAMES BAKER,
Provincial Secretary.
Provincial Secretary's Office,
14th February, 1898.
Ottawa, 25th October, 1897.
Sir,—Referring to your despatch, No. 51, of the 14th May last, transmitting therewith
the Acts passed by the Legislature of your Province, I have the honour to inform you that
His Excellency the Administrator of the Government, on the 20th inst., was pleased to order
that the said Acts be left to their operation without any observations, with the exception of
chapters 1, 2, 17, 62 and 67, which will form the subject of separate reports.
Herewith you will find enclosed the Order of His Excellency in Council upon the subject.
I have, <fcc,
(Signed)       Joseph Pope,
Under Secretary of State.
His Honour the Lieutenant-Governor
of British Columbia,  Victoria, B. C.
2915
Extract from a Report of the Committee of the Honourable the Privy Council,  approved by
His Excellency on the 20th October, 1897.
The Committee, of the Privy Council have had under consideration a report, hereto
annexed, dated 15th October, 1897, from the Minister of Justice, stating that he has examined
the Acts passed by the Legislature of the Province of British Columbia in the sixtieth year
of Her Majesty's reign (1897), received by the Secretary of State for Canada on the 21st day
of May, 1897.
The Minister states he is of opinion that they may be left to their operation without any
observations, with the exception of chapters 1, 2, 17, 62 and 67, which will form the subject
of separate reports.
The Committee concurring in the said annexed report, advises that the said Acts, as
recommended, be left to their operation; and that Your Excellency be moved to forward a
certified copy of this Minute, and the accompanying report, to the Lieutenant-Governor of
British Columbia for the information of his Government.
All of which is respectfully submitted for Your Excellency's approval.
(Signed) John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of the Province of British Columbia. 646 Acts of 1897. 1898
Department of Justice, Canada,
Ottawa, 15th October, 1897.
To His Excellency the Governor-General in Council:
The undersigned has the honour to report that he has examined the Acts passed by the
Legislature of the Province of British Columbia in the sixtieth year of Her Majesty's reign
(1897), received by the Secretary of State for Canada on the 21st day of May, 1897; and he
is of opinion that they may be left to their operation without any observations, with the
exception of chapters 1, 2, 17, 62 and 67, which will form the subject of separate reports.
The undersigned recommends that a copy of this report, if approved, be sent to the
Lieutenant-Governor of the Province for the information of his Government.
Respectfully submitted.
(Signed)        O. Mowat,
Minister of Justice.
Ottawa, 25th October, 1897.
Sir,—Following up my letter of this day's date respecting the Acts passed by the Legislature of your Province in the sixtieth year of Her Majesty's Reign, I have the honour to
inform you that on the 20th inst., His Excellency the Administrator of the Government was
pleased to order that chapters 17, 62 and 67 of the said Acts be left to their operation.
I am at the same time to enclose the Order of His Excellency in Council upon the
subject.
I have, dec.,
(Signed)        Joseph Pope,
Under Secretary of State.
His Honour the Lieutenant-Governor
of British Columbia, Victoria, B. C.
2916
Extract from a Report of the Committee of the Honourable the Privy Council,  approved by
His Excellency on the 20th October, 1897.
The Committee of the Privy Council have had under consideration a report, hereto
annexed, dated 15th October, 1897, submitted by the Minister of Justice regarding the
following Acts passed by the Legislature of the Province of British Columbia in the sixtieth
year of Her Majesty's reign (1897), received by the Secretary of State for Canada on the 21st
day of May, 1897, namely, chapter 17, " An Act to amend and consolidate the law relating to
Lunatic Asylums and the care and custody of the Insane"; chapter 62, "An Act to incorporate
the 'South Kootenay Water-power Company,'" and chapter 67, "An Act to incorporate the
' Okanagan Water-power Company.' "
The  Minister recommends that the Statutes above mentioned   be left to their operation.
The Committee, concurring in the said annexed report and the recommendations therein
made by the Minister of Justice, advise that Your Excellency be moved to transmit a certified
copy of this Minute, and of the annexed report, if approved, to the Lieutenant-Governor of the
Province of British Columbia for the information of his Government.
(Signed)        John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of the Province of British Columbia. 61 Vict. Acts of 1897. 647
Department of Justice,
Ottawa, 15th October, 1897.
To His Excellency the Governor-General in Council :
The undersigned has the honour to report upon the following Acts passed by the Legislature of the Province of British Columbia in the sixtieth year of Her Majesty's reign (1897),
received by the Secretary of State for Canada on the 21st day of May, 1897, viz.:
Chapter 17.—"An Act to amend and consolidate the Law relating to Lunatic Asylums
and the care and custody of the Insane."
Section 51 provides that certain persons who may sign orders, statements or certificates
under any section of the Act shall not be liable to any civil or criminal proceedings on the
ground of want of jurisdiction, or on any other ground, if they have acted in good faith and
with reasonable care.
The undersigned observes that a Provincial Legislature has no authority to exempt any
person from such criminal proceedings as are authorised by the Dominion Parliament, and that
this section in so far as it attempts to make any such exemption is ultra vires. The undersigned does not consider, however, that the Statute should on that ground be disallowed.
Chapter 62.—"An Act to incorporate the 'South Kootenay Water-power Company.'"
Chapter 67.—"An Act to incorporate the 'Okanagan Water-power Company.'"
Each of these Statutes contains a section, namely, 33, providing a penalty for malicious
injury to the property of the Company. The Parliament of Canada, under its authority to
legislate with regard to criminal law, has already dealt with the subject of malicious injury to
property, and that legislation would cover the offences sought to be created by the sections in
question. These sections seem strictly to relate to criminal law, and occupying ground which
has been already traversed by Parliament, are, in the opinion of the undersigned, idtra vires.
If a question should arise with regard to them they may be so declared by the Courts, and the
undersigned does not consider that any harm would ensue from leaving these Statutes to their
operation.
The undersigned recommends that the Statutes mentioned in this report be left to their
operation, and that a copy of this report, if approved, be transmitted to the Lieutenant-
Governor of the Province for the information of his Government.
Respectfully submitted,
(Signed) O. Mowat.
Minister of Justice.
Ottawa,  11th November, 1897.
Sir,—Following up my letter of the 25th October, 1897, respecting the Acts passed the
Legislature of your Province in the 60th year of Her Majesty's Reign, I have the honour to
inform you that on the 8th instant, His Excellency the Governor-General, in view of the
reasons which may be urged in favour of Provincial right, was pleased to order that chapter
2 of the said statutes intituled " An Act for the Incorporation and Regulation of Joint Stock
Companies and Trading Corporations " be left to its operation.
The order of His Excellency on the subject, and the report of the Minister of Justice
thereto annexed, are herewith transmitted for the information of your Government.
I have, etc.,
(Signed)        Joseph Pope,
Under-Secretary of State.
His Honour the Lieutenant-Governor
of British Columbia,   Victoria, B. C. 648 Acts of 1897. 1898
3114.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by His
Excellency on the 8th November, 1897.
The Committee of the Privy Council have had under consideration a report, hereto
annexed, dated 20th October, 1897, from the Minister of Justice, respecting chapter 2 of the
Statutes of the Province of British Columbia, passed in the sixtieth year of Her Majesty's
reign (1897) intituled "An Act for the Incorporation and Regulation of Joint Stock Companies and Trading Corporations," and received by the Secretary of State for Canada on the
21st day of May, 1897.
The Minister, in view of the reasons which may be urged in favour of the Provincial right,
recommends that the Act be left to its operation.
The Committee concur in the said annexed report, and the recommendation made by the
Minister of Justice therein, and advise that the said Act be left to its operation; and that a
certified copy of this Minute and of the said annexed report, if approved, be transmitted to the
Lieutenant-Governor of the Province of British Columbia, for the information of his Government.
(Signed)        John J.  McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of the Province of British Columbia.
(Annex "a" to P. C. 3114, 8th November, 1897.)
Department of Justice, Canada,
Ottawa, 20th October,  1897.
To His Excellency the Governor-General in Council :
The undersigned has had under consideration Chapter 2 of the Statutes of the Province
of British Columbia, passed in the 60th year of Her Majesty's Reign (1897), received by the
Secretary of State for Canada on the 21st of May, 1897, intituled "An Act for the Incorporation and Regulation of Joint Stock Companies and Trading Corporations."
This Act provides for the incorporation and regulation of joint stock companies. The
word " company " as used in the Act is defined to mean any company incorporated under the
Act for any purposes or objects to which the legislative authority of the Legislature of British
Columbia extends, except the construction and working of railways and the business of insurance ; and the expression "extra-provincial company" is defined to mean any duly incorporated company other than a company incorporated under the laws of the Province of British
Columbia.
Part VI. of the Act, which is entitled "Licensing and Registration Of Extra-Provincial
Companies," provides, among other things, that unless otherwise provided by any Act, no extra-
provincial company having gain for its purpose and object, shall carry on any business within
the scope of this Act in the Province, unless and until it shall have been duly licensed or registered under the Act, and thereby expressly authorised to carry on such of its business as is
specified in the licence or certificate of registration, and any such company which fails or
neglects to obtain such licence or certificate of registration, shall incur a penalty of $50.
There are special provisions with regard to companies incorporated under the laws of Great
Britain or Ireland, or of the Dominion of Canada, of the Old Province of Canada, or of any
of the Provinces of Canada, which provide in effect that any extra-provincial company so incorporated and authorised by its charter and regulations to carry out or effect any of the purposes
or objects to which the legislative authority of the Legislature of British Columbia extends,
may obtain a licence authorising it to carry on business within the Province on compliance with
the provisions of the Act, and on payment to the Registrar of certain fees set forth in a schedule to the Act. The provisions of the Act, compliance with which is required, in order to the
obtaining of such a licence, are in addition to payment of the required fees, the filing with the
Registrar of the charter and regulations of the company, an affidavit or statutory declaration 61 Vict. Acts of 1897.
that the company is still in existence and authorised to transact business under its charter, a
copy of the last balance sheet of the company, the auditor's report thereon and a power of
attorney from the company to some person residing within the Province where the head office
of the company in the Province is situate, to act as attorney of the company.
The Act appears to intend, therefore, that upon compliance with these conditions, the company shall be entitled to a licence.
The general scope of the Act appears to provide for the incorporation of companies, which
may be incorporated under the authority of the Province, the distribution of the capital and
liability of the shareholders of such companies and their powers, management and administration.
It appears to the undersigned, therefore, that the provisions of the statute with regard to
the licensing of companies incorporated by the Dominion Parliament, are not intended to effect
the execution of powers which could not be competently conferred by the Provincial Legislature, and that the Act was not intended to impose any condition upon the exercise by a Dominion corporation of powers conferred by Parliament within the scope of the subjects specially
enumerated in section 91 of the "British North America Act." If the Act were intended to
apply to such companies, it would be necessary to consider the propriety of its disallowance
on the grounds which led to the disallowance of a recent statute of the Legislature of Manitoba
(58-59 Victoria, Chapter 4). See the report of Sir Charles Hibbert Tupper, when Minister
of Justice, approved by Your Excellency on 8th November, 1895, and the report of Mr.
Dickey, his successor, approved on 25th March, 1896.
It is true that the Parliament of Canada has authority, not apparently by reason of any
of the special subjects of legislation enumerated in section 91, but by force of its general
authority to legislate for the peace, order and good government of Canada, to incorporate
companies with powers which would otherwise be exclusively within Provincial authority
where such powers are to be exercised by the company within two or more Provinces of the
Dominion, and it may be that such companies, under the provisions in question, would be
required to take out licences in order to entitle them to carry on their business in British
Columbia.
The undersigned observes, however, that no power is attempted to be conferred by this
Act which would authorise the licensing authority in refusing a licence to such a company
where the company had complied with the requirements of the Act, which seem not unreasonable as to the filing of information and payment of fees, and although there may be different
views as to the power of a Provincial Legislature to impose such a restriction upon any company incorporated under the legislative authority of Parliament, yet the undersigned considers
in view of the reasons which may be urged in favour of the Provincial right, he would not be
justified in recommending the disallowance of this Act, and he recommends that the Act be
left to its operation, and that a copy of this report, if approved, be transmitted to the Lieutenant-Governor of the Province for the information of his Government.
Respectfully submitted,
(Signed) O.  Mowat,
Minister of Justice.
VICTORIA, B.C.:
Printed by Richard Wolfenden, Printer to the Queen's MoBt Excellent Majestj.
1898. 

Cite

Citation Scheme:

        

Citations by CSL (citeproc-js)

Usage Statistics

Share

Embed

Customize your widget with the following options, then copy and paste the code below into the HTML of your page to embed this item in your website.
                        
                            <div id="ubcOpenCollectionsWidgetDisplay">
                            <script id="ubcOpenCollectionsWidget"
                            src="{[{embed.src}]}"
                            data-item="{[{embed.item}]}"
                            data-collection="{[{embed.collection}]}"
                            data-metadata="{[{embed.showMetadata}]}"
                            data-width="{[{embed.width}]}"
                            async >
                            </script>
                            </div>
                        
                    
IIIF logo Our image viewer uses the IIIF 2.0 standard. To load this item in other compatible viewers, use this url:
http://iiif.library.ubc.ca/presentation/cdm.bcsessional.1-0063839/manifest

Comment

Related Items