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PAPERS Relating to certain Acts passed by the Legislative Assembly of the Province of British Columbia… British Columbia. Legislative Assembly 1907

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 7 Ed. 7 Report on certain Acts of 1906. F 31
PAPERS
Relating to certain Acts passed by the Legislative Assembly of the Province of British
Columbia during the Session 1906.
By Command.
HENRY ESSON YOUNG,
Provincial Secretary.
Provincial Secretary's Office,
25tlt March, 1907.
Extract from a Report of the Committee of the Privy Council, approved by the Governor-
General on the 13th March, 1907.
The Committee of the Privy Council have had under consideration a Report, hereto annexed,
from the Minister of Justice upon the Statutes of the Legislature of British Columbia, passed
in the sixth year of His Majesty's reign, 1906, and received by the Secretary of State of Canada
on 29th March, 1906.
The Committee concurring in the said Report submit the same for approval, and advise
that a copy of this Minute, together with a copy of the Report of the Minister of Justice, be
forwarded by the Secretary of State to the Lieutenant-Governor of British Columbia for the
information of his Government.
RODOLPHE   BOUDREAU,
Acting Clerk of the Privy Council.
The Honourable the Secretary of State.
Department of Justice, Canada,
Ottawa, 23rd November, 1906.
To His Excellency the Governor-General in Council :
The undersigned has under consideration the Statutes of the Legislature of British
Columbia, passed in the sixth year of His Majesty's reign, 1906, and received by the Secretary
of State for Canada on 29th March last, and he is of opinion that these may be left to such
operation as they may have, subject to the following comments :—
Chapter 32, intituled " An Act to Consolidate and Amend the ' Municipal Clauses Act'
and Amending Acts."
Among the by-law-making powers of municipalities under this Act, as defined by section
50, the undersigned observes that those enumerated 90, 91 and 105, relate to the criminal law,
and may be ultra vires. The undersigned does not admit that enumeration 98 is within the
authority of the Legislature, and enumerations 187 and 188 would seem to be ultra vires in
view of the recent amendments to the Criminal Code, 1892, with regard to trading stamps.
Paragraph 30 of section 175 is also subject to the last-mentioned objection. The undersigned
does not, however, for these reasons consider that this Act should be disallowed. It will be
for the Courts, if objection be raised as to any of these provisions, to determine the question.
Chapter 51, intituled "An Act to Incoi'porate the British Columbia Central Railway
Company."
Chapter 52, intituled " An Act to incorporate the British Columbia Northern and
Alaska Railway Company."
Chapter 63, intituled "An Act to incorporate the South-East Kootenay Railway
Company." Chapter 66, intituled " An Act to incorporate the Southern Okanagan Railway Company."
Each of these Acts authorised the incorporated company to construct a  railway  from  or
to the boundary of the Province, and is, on that account, the undersigned submits,  objectionable.    The   question   of the  capacity  of   a   local   legislature   to   confer   such powers   may,
however, be determined by the courts when it arises.
Chapter 55, intituled "An Act to incorporate the Canadian Plate Glass Insurance
Company,"
Chapter.62, intituled "An Act to incorporate the Royal Plate Glass Insurance Company
of Canada."
In the sections of these Acts defining the powers of the respective companies authority
is conferred to make and effect contracts of insurance with any person or corpoi'ation against
loss or damage by breakage of plate glass and other glass by accident or otherwise, and generally
to carry on the business of plate glass and other glass insurance, without any limitation as to
the location of the property insured or having regard to the territorial limits of the Province.
The undersigned considers that these sections should be amended so as to expressly confine
the business of the companies to the Province of British Columbia, and he recommends that
the Provincial Government be requested to reconsider these provisions with a view to obtaining
the suggested amendment from the Legislature.
The undersigned recommends that a copy of this report, if approved, be transmitted to
the Lieutenant-Governor of British Columbia, for the information of his Government.
Humbly submitted,
A. B. Aylesworth,
Minister of Justice.
victoria, B.C.
Printed by Riohard Wolkenden, I.S.O., V.D., Printer to the King's Most Excellent Majesty.

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