Open Collections

BC Sessional Papers

PAPERS Relating to Acts passed by the Legislative Assembly of the Province of British Coiumbia during… British Columbia. Legislative Assembly 1906

Item Metadata

Download

Media
bcsessional-1.0064274.pdf
Metadata
JSON: bcsessional-1.0064274.json
JSON-LD: bcsessional-1.0064274-ld.json
RDF/XML (Pretty): bcsessional-1.0064274-rdf.xml
RDF/JSON: bcsessional-1.0064274-rdf.json
Turtle: bcsessional-1.0064274-turtle.txt
N-Triples: bcsessional-1.0064274-rdf-ntriples.txt
Original Record: bcsessional-1.0064274-source.json
Full Text
bcsessional-1.0064274-fulltext.txt
Citation
bcsessional-1.0064274.ris

Full Text

 5 Ed. 7 Report on Acts of 1905. 1 F
PAPERS
Relating to Acts passed   by  the   Legislative  Assembly of the Province   of British
Columbia during the Session 1905.
By command.
FRED. J. FULTON,
Provincial Secretary.
Provincial Secretary's Office,
Uth January, 1906.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by the
Governor-General on 13th November, 1905.
The Committee of the Privy Council have had under consideration a Report, dated 1st
November, 1905, from the Minister of Justice, with respect to the Statutes of the Province of
British Columbia, passed in the fifth year of His Majesty's reign, 1905, and received by the
Secretary of State of Canada on the 21st day of April, 1905.
The Committee concurring in the said Report recommend its adoption.
John J.   McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor of British Columbia.
Department of Justice, Canada,
Ottawa, 1st November, 1905.
To His Excellency the Governor-General in Council :
The undersigned has had under consideration the Statutes of the Province of British
Columbia passed in the fifth year of His Hajesty's reign, 1905, received by the Secretary of
State for Canada on the 21st day of April last, and he is of opinion that these may be left to
such operation as they may have, except the following, which have been or will be specially
considered :—
Chapter 10, intituled "An Act for Licensing Commercial Travellers'';
Chapter 11, intituled " An Act to amend the ' Companies Act, 1897 '";
Chapter 18, intituled "An Act further to amend 'The Supreme Court Act'";
Chapter 25, intituled "An Act to amend 'The Game Protection Act, 1898 '";
Chapter 28, intituled " An Act to regulate Immigration into British Columbia ";
Chapter 30, intituled " An Act relating to the employment on Works carried on under
Franchises granted by Private Acts ";
Chapter 36, intituled " An Act further to amend the ' Coal Mines Regulation Act'";
Chapter 45, intituled " An Act respecting the Songhees Indian Reservation, Vancouver
Island ";
Chapter 61, intituled " An Act to incorporate the British Columbia Securities Company";
and
Chapter 64, intituled " An Act to incorporate the General Trusts Corporation."
The undersigned has received a communication objecting to Chapter 7, intituled " An
Act respecting Provincial Land Surveyors," upon the ground that it is unjust, and perhaps
ultra vires.
The undersigned, considering the objections so raised, is of the opinion, however, that
they do not afford any ground for interference with the Statute.
The undersigned further 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.
C. "Fitzpatrick,
Minister of Justice. F 2 Report on Acts of 1905. 1906
Extract from a Report of the Committee of the Honourable the Privy  Council, approved by
the Governor-General on the 28th June, 1905.
The Committee of the Privy Council have had under consideration a Report dated 13th
June, 1905, from the Minister of Justice, with respect to an Act of British Columbia passed
by the Legislative Assembly of that Province on the 8th day of April, 1905, intituled "An
Act for licensing Commercial Travellers."
The Committee concurring in the said Report, submit the same for approval.
John J. McGee,
His Honour the Lieutenant-Governor, Clerk of the Privy Council.
Province of British Columbia.
Department op Justice, Canada,
Ottawa,  13th June, 1905.
To His Excellency the Governor-General in Council :
The undersigned has had under consideration an Act of the Legislative Assembly of
British Columbia, assented to on 8th April, 1905, intituled "An Act) for licensing Commercial
Travellers."
The Act provides in effect that no commercial traveller, agent or other person not being
a resident or domiciled in British Columbia shall take or solicit orders either for himself or any
other person for any goods, wares or other effects to be imported into the Province to fill such
orders unless he shall have procured a licence therefor, for which a fee of $100.00 or $50.00,
according to the class of goods concerned, is payable every six months. The Act prescribes a
penalty not exceeding $100.00 in addition to the licence fee for soliciting or taking orders
contrary to its provisions.
The undersigned has received correspondence objecting to this Act from the Commercial
Travellers' Association of Canada, The Canadian Manufacturers' Association and The Maritime
Commercial Travellers' Association. These bodies claim that the Act should be disallowed as
ultra vires, because it interferes with or restricts inter-provincial trade and discriminates
against commercial enterprises established outside of the Province.
The undersigned considers that these are grave objections. It is true, of course, that a
Province may raise a revenue for Provincial purposes by direct taxation within the Province.
The Dominion Parliament has, however, exclusive authority to regulate trade and commerce
throughout the Dominion, and the Provincial power must not, in the opinion of the undersigned, be executed in such a manner as to trench upon the paramount authority of Parliament.
It is obvious that a large licence fee payable at frequent intervals, such as is required by the
Act in question, exacted from the agents of persons or companies domiciled out of the Province
where no corresponding fee is required from those within the Province must operate to discourage trade between British Columbia and the other Provinces, and it would seem perhaps
to be intended for the protection of those resident within the Province rather than for the
purpose of raising a revenue for Provincial purposes. These considerations lead the undersigned
to doubt whether the Act is within the scope of Provincial powers.
It is provided by "The British North America Act, 1867," section 121, that all articles
of the growth, produce or manufacture of any one of the Provinces shall, from and after the
Union, be admitted free into each of the other Provinces. It would be impossible, therefore,
for the Province to impose a direct tax or duty upon goods imported from another Province.
The provision complained of seems, however, to have indirectly very much the same effect,
inasmuch as the selling of these goods within the Province by a person not resident or domiciled
therein is made the subject of a considerable charge.
There is also the further question as to whether taxation of this character imposed by way
of licence fees upon agents soliciting orders for the sale of goods on behalf of other people is
direct taxation. It is plainly not a tax intended to be ultimately borne by the persons who
are primarily required to pay.
The undersigned considers that these objections should be communicated to the Lieutenant-
Governor of British Columbia, so that his Government may have an opportunity to consider 5 Ed. 7 Report on Acts of 1905. F 3
and report upon them, stating any reasons, facts or circumstances which it deems proper in
support of the legislation. As to whether or not the Statute, apart from the question of its
constitutional validity, should be allowed to remain in operation is, of course, a matter of policy
for the consideration of Your Excellency's Government.
The undersigned recommends, therefore, that a communication, in accordance with this
Report, be sent to the Lieutenant-Governor of British Columbia, and after receiving his reply
the matter may again be referred to the undersigned.
Humbly submitted,
C.   FlTZ PATRICK,
Minister of Justice
Copy oj a Report of a Committee of the Honourable the Executive Council, approved by Hif
Honour the Lieutenant-Governor on the 22nd day of August, 1905.
To His Honour the Lieutenant-Governor in Council:
The Committee of Council have had under consideration a Report of the Minister of
Justice, approved by His Excellency in Council, upon an Act of the Legislative Assembly of
British Columbia passed at its last Session, intituled " An Act for Licensing Commercial
Travellers," and has the honour to report as follows :—
The Committee note the suggestion of the Honourable the Minister of Justice, namely,
that Your Honour's Government should have an opportunity to consider and report upon the
objections mentioned in the approved report of the Minister.
The Committee, therefore, desire to state that the primary object of the tax is to increase
the revenue by imposing a licence fee upon persons who, subject to no other taxation, are
carrying on business within the Province. Those resident within the Province pay licence
fees in addition to other taxes; e. g., income, real property and personal property. It is
respectfully submitted, then, that it is only fair that those residing without the Province, but
carrying on business within the Province, and who do not pay taxes on either income or
personal property, and who perhaps own no real property, should likewise contribute their fair
share of the revenue.
The Committee respectfully protest against the prevailing system of private corporations
asking His Excellency the Governor-General in Council to disallow Provincial legislation on
the ground that it is ultra vires of the Provincial Legislature. If it be ultra vires, then, it is
respectfully submitted, the Commercial Travellers' Association of Canada, the Canadian Manufacturers' Association, and the Maritime Commercial Travellers' Association are competent
to test the question before the proper tribunals. If the Act in question should be contrary
to the policy of His Excellency's Government, then Your Honour's Government can only
further respectfull}7 protest against a policy that interferes with the already limited right of
the Province to provide a revenue for Provincial purposes, by direct taxation. Apart from
the question of Dominion policy, the real question seems to be, is the proposed taxation direct
or indirect? To suggest that indirectly the tax would operate prejudicially to the free interchange of products between the several Provinces, and that the tax is not intended to be
ultimately borne by the persons who are primarily required to pay, is to state the final result
of the original Act. The same result would follow from nearly all direct taxation. The
merchant, in fixing prices, considers his licence fees and the personal property tax on his goods
The auctioneer and the publican, in measuring the value of their services or the price of the
article sold, are bound to consider their licence fees. In fact, all persons paying licence fees
must take them into account when considering the expenses of their business. The retail
trader is, perhaps, the best example. He pays a licence to carry on business; his stock in
trade is taxed as personal property; the land he occupies is taxed as real property. He is
obliged then, when fixing the price of his goods, to add, among other items increasing their
cost to the consumer, the licences and taxes mentioned. So that it is, or may be—as stated
by the Honourable the Minister of Justice—"ultimately borne, not by the persons who are
primarily required to pay," but by the consumer; which, then, is possibly the result of the
taxes imposed.      It never was the intention of the Legislature that any but the persons from F 4 Report on Acts of 1905. 1906
whom the tax is demanded should pay or finally bear it. And it is respectfully submitted
that it does not follow that, because a tax may ultimately be borne by another, that it is not
a direct tax within sub-section 2 of section 92 of the " British North America Act." The
Lords of the Privy Council, in Bank of Toronto vs. Lambe, discuss this question and point
out that, " the Legislature cannot possibly have meant to give a power of taxation, valid or
invalid, according to its actual results in particular cases."
It is further respectfully submitted that, unless the Bill should be a clear and palpable
attempt on the part of the Province to invade the legislative field of the Dominion Parliament,
Provincial Acts should not be disallowed by His Excellency the Governor-General in Council
on constitutional grounds only. The effect of disallowance, except on the principle mentioned,
is to make the Minister of Justice the highest judicial dignitary in the land for the determination of constitutional questions, and in reality above the Supreme Court of Canada. The
decisions of the Supreme Court of Canada are open to question in the Judicial Committee of
the Privy Council. Erom the decision of the Minister of Justice there is no appeal. He
stands alone.
The Committee further respectfully protest against the disallowance of Provincial Acts
on the ground of their being both ultra vires and contrary to Dominion policy. When disallowed upon the ground that they are ultra vires, either alone or in conjunction with the
question of policy, then, for the purpose of maintaining the rights of the Province under the
British North America Act, Your Honour's advisers feel that such important and often
doubtful points should be left to be determined by the Judges, before whom they can be
properly argued, and the respective legislative powers of the Dominion and the Province be
judicially determined.
The Committee recommend that a copy of this Minute, if approved, be forwarded to the
Honourable the Secretary of State.
Dated this 18th day of August, A. D. 1905.
Charles Wilson,
Clerk Executive Council.
Ottawa, 4th July, 1905.
Sir,—I have the honour to inform you that the Act passed by the Legislature of your
Province, being Chapter 11 of the Statutes of 1905, intituled "An Act to amend the Companies Act, 1897," has been objected to by the Crown Life Insurance Company, a Company
doing business in British Columbia and who hold a Statutory Charter under the Dominion
Act.
The Company has asked that the Act be disallowed before the first of July, but was
informed on the 29th ultimo, that the time was altogether too short for considering such a
request.
The Minister of Justice, will, however, be glad to know whether it is the intention of the
Government of British Columbia to enforce the Act before the question of its validity can be
considered by the Dominion Government.
I have, etc.,
P. Pelletier,
Acting Under-Secretary of State.
His Honour the Lieutenant-Governor
of British Columbia, Victoria.
Copy of a Report of a Committee of the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor on the 22nd day of August, 1905.
To His Honour the Lieutenant-Governor in Council :
The Committee of Council have had under consideration the despatch from the Acting
Under-Secretary of State, with respect to the enforcement of Chapter 11 of the Acts passed
by the Legislature of British Columbia at its last Session, which despatch was forwarded to 5 Ed. 7 Report on Acts of 1905. F 5
the Provincial Secretary's Department by Your Honour's Private Secretary on the 11th of
July, ultimo, and have the honour to report as follows :—
The Act is for revenue purposes only, and is an amendment of " The Companies Act,
1897," and simply raises the fee for a licence to Extra-Provincial Insurance Companies from
$25 to $250. It is not an annual fee, but it is following a principle admitted in 1897, when
the Companies Act was first passed in its present form ; that is, that the Provincial Legislature could properly require Extra-Provincial Insurance Companies to take out a licence and
to pay a fee for so doing. Nearly all the Insurance Companies doing business in the Province
are Dominion, Ontario, or American companies. They take annually out of the Province an
immense sum of money. They are Extra-Provincial Companies, and it was considered that
they should contribute fairly to the revenue. Incidentally it may be said that it is a benefit
to Canadian Companies, as it will operate as a check on inferior American organisations.
The Committee cannot but note that it is the Crown Life Insurance Company that asks
the disallowance of the Act; that is, a private corporation asks His Excellency the Governor-
General in Council to exercise the power of disallowing a Provincial Statute for their own
private benefit. If the Minister advises that the Act is ultra vires of the Province, then the
Committee respectfully refer to the observations contained in the Minute of Council, of even
date, upon the subject of the proposed disallowance of the " Commercial Travellers' Licences
Act, 1905."
The Committee have the honour to report that, companies falling within the provisions of
the Act had, before the despatch from the Secretary of State was received, been requested to
comply with its requirements.
The Committee recommend that a copy of this Minute, if approved, be forwarded to the
Honourable the Secretary of State.
Dated the 18th day of August, A.D., 1905.
Charles Wilson,
Clerk Executive Council.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
the Governor-General on the ISth November, 1905.
The Committee of the Privy Council have had under consideration a Report, dated 1st
November, 1905, from the Minister of Justice upon Chapter 11 of the Statutes of British
Columbia, 1905, intituled "An Act to amend the 'Companies Act, 1897.'"
The Committee concurring in the said Report recommend its adoption.
John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor,
Province of British Columbia.
Department op Justice, Canada,
Ottawa, 1st November, 1905.
To His Excellency the Governor-General in Council :
The undersigned has had under consideration Chapter 11 of the Statutes of British
Columbia, 1905, and intituled "An Act to amend the "Companies Act, 1897.'"
Objection has been made to this Act on behalf of the Crown Life Insurance Company,
which claims to be incorporated by Dominion Statute, and to have an office and to be doing
business in British Columbia. The objection is that the Act provides in effect that extra-
provincial insurance companies shall not carry on business within the Province without having
taken out a licence involving a payment of $250.00. It is urged that it is incompetent to a
Provincial Legislature to provide that a company incorporated by the Dominion shall not do
business within the Province without taking out a licence for that purpose. F 6 Report on Acts of 1905. 1906
The undersigned considers that this is a question which may conveniently be determined
by the Courts, and that for that reason, and in view of the past practice with regard to similar
measures, he ought not to recommend disallowance.
The undersigned accordingly recommends that the Act be left to such operation as it may
have, and 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,
C. Fitzpatrick,
Minister of Justice.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
the Governor-General on 13th November, 1905.
The Committee of the Privy Council have had under consideration a Report, dated 1st
November, 1905, from the Minister of Justice, upon Chapter 18 of the Acts of British
Columbia, 1905, intituled "An Act further to amend the 'Supreme Court Act.'"
The Committee concur in the Report of the Minister of Justice, and recommend that the
said Act (Chapter 18 of the Acts of British Columbia, 1905,) be disallowed.
John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
oj British Columbia.
Department of Justice, Canada,
Ottawa,  1st November, 1905.
To His Excellency the Governor-General in Council :
The undersigned has had under consideration Chapter 18 of the Acts of British Columbia,
1905, intituled "An Act further to amend the 'Supreme Court Act.'"
This Act provides that the persons to be appointed Judges shall be Barristers-at-Law of
not less than ten years' standing, of which ten years they shall have been for five years actively
engaged in practice at the Bar of British Columbia.
A similar provision of the Legislature of British Columbia, at the Session of 1903-04,
was adversely commented upon by the undersigned, and in consequence repealed by Chapter
17 of the Acts of 1905.
The Legislature has, however, by the following Chapter re-enacted the same provision.
This  Statute  (Chapter   18)  is   undoubtedly  ultra vires for reasons  which  have   been
explained in previous Reports, and the undersigned recommends that it be disallowed.
Humbly submitted.
0. Fitzpatrick,
Minister of Justice.
AT THE GOVERNMENT HOUSE AT OTTAWA,
The 13th day of November, 1905.
Present :
THE GOVERNOR-GENERAL IN COUNCIL.
Whereas the Lieutenant-Governor of the Province of British Columbia, with the Legislative Assembly of that Province, did, on the 8th day of April, 1905, pass an Act which has
been transmitted, Chaptered 18, and intituled "An Act further to amend the 'Supreme Court
Act'": 5 Ed. 7 Report on Acts of 1905. F 7
And whereas the said Act has been laid before the Governor-General in Council, together
with a Report from the Minister of Justice, recommending that the same should be disallowed:
Therefore, the Governor-General in Council has thereupon this day been pleased to declare
his disallowance of the said Act, and the same is hereby disallowed accordingly.
Whereof the Lieutenant-Governor of the Province of British Columbia, and all other
persons whom it may concern, are to take notice and govern themselves accordingly.
John J. McGee,
Clerk of the Privy Council.
I, Sir Albert Henry George, Earl Grey, Governor-General of Canada, do hereby certify
that the Act passed by the Legislature of the Province of British Columbia on the 8th day of
April, 1905, Chaptered 18 and intituled "An Act further to amend the 'Supreme Court
Act' " was received by me on the 21st day of April, 1905.
Given under my hand and seal this 13th day of November, 1905.
[L. S.] Grey.
His Honour the Lieutenant-Governor
of British Columbia.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by the
Governor-General on the 13th November, 1905.
The Committee of the Privy Council have had under consideration a Report, dated 1st
November, 1905, from the Minister of Justice upon Chapter 25 of the Statutes of British
Columbia, 1905, intituled "An Act to amend the 'Game Protection Act, 1898.'"
The Committee concurring in the said Report recommend its adoption.
John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor,
Province of British Columbia.
Department of Justice, Canada,
Ottawa, 1st November, 1905.
To His Excellency the Governor-General in Council:
The undersigned has had under consideration Chapter 25 of the Statutes of British Columbia, 1905, intituled "An Act to amend the 'Game Protection Act, 1898.'"
This Act provides amongst other things that it shall be unlawful for any person to kill
certain game birds or animals at certain times under penalties, and it contains other provisions
for the protection of game.
The undersigned, in view of the fact that Your Excellency's Government has not heretofore seen fit to disallow provincial game laws of similar character, and because questions
arising thereon may be conveniently determined by the Courts, does not deem it necessary
at present to carefully consider the constitutionality of this Act, but in recommending that it
may be left to such operation as it may have he reserves the question as to whether such legislation is not within the exclusive authority of parliament as matter of criminal law.
The undersigned further 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.
C. Fitzpatrick,
Minister of uusiice. F 8 Report on Acts of 1905. 1906
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
the Governor-General on the 30th September, 1905.
On a Report, dated 18th September, 1905, from the Minister of Justice, stating that the
Statutes of the Legislative Assembly of British Columbia recommended to be disallowed by
Order in Council of the 28th April, 1905, were described in the said Order in Council, as
follows :—
Chapter 67.—" An Act to regulate Immigration into British Columbia."
Chapter 81.—" An Act relating to the employment on Works carried on under Franchises
granted by Private Acts."
Chapter 85.—"An Act further to amend the 'Coal Mines Regulation Act.'"
The Minister states that these Statutes, however, as chaptered in the last volume of the
Annual Statutes of British Columbia, recently issued, are not chaptered as stated in the Order
in Council, their chapter numbers being instead Chapter 28, Chapter 30 and Chapter 36.
The Minister recommends, lest any question should arise as to the effect of the Order in
Council and subsequent proceedings thereon, that the following Statutes of the Legislative
Assembly of British Columbia, assented to on the 8th April, 1905, and received by the
Secretary of State for Canada on the 19th of April, viz. :—
No. 67.—" An Act to regulate Immigration into British Columbia," being Chapter 28 of
the Statutes of British Columbia, enacted at the last Session of the Legislative Assembly thereof.
No. 81.—"An Act relating to the employment on Works carried on under Franchises
granted by Private Acts," being Chapter 30 of the Statutes of British Columbia, enacted at
the last Session of the Legislative Assembly thereof.
No. 85.—" An Act further to amend the ' Coal Mines Regulation Act,' " being  Chapter
36 of the Statutes of British Columbia, enacted at the last Session of the Legislative Assembly
thereof—
be disallowed, and that such disallowance be signified in the usual way.
The Committee concur in the Report of the Minister of Justice, and advise that the three
Acts above mentioned be disallowed.
John J. McGee,
Clerk of the Privy Council.
AT THE GOVERNMENT HOUSE AT OTTAWA,
The 16th day of October, 1905.
Present :
THE GOVERNOR-GENERAL IN COUNCIL.
Whereas the Lieutenant-Governor of the Province of British Columbia, with the Legislative Assembly of that Province, did, on the 8th day of April, 1905, pass an Act which has
been transmitted, No. 67, " An Act to regulate Immigration into British Columbia," being
chapter 28 of the Statutes of British Columbia, enacted at the last Session of the Legislative
Assembly thereof:
And whereas the said Act has been laid before the Governor-General in Council, together
with a report from the Minister of Justice recommending that the said Act be disallowed :
Therefore the Governor-General in Council is pleased to declare his disallowance of the
said Act and the same is hereby disallowed accordingly.
Whereof the Lieutenant-Governor of the Province of British Columbia and all other
persons whom it may concern are to take notice and govern themselves accordingly.
John J. McGee,
Clerk of the Privy Council.
I, Sir Albert Henry George, Earl Grey, Governor-General of Canada, do hereby certify
that the Act passed by the Legislature of the Province of British Columbia on the 8 th day of
April, 1905, No. 67, " An Act to regulate Immigration into British Columbia," being chapter
28 of the Statutes of British Columbia, enacted at the last Session of the Legislative Assembly
thereof, was received by me on the 19th day of April, 1905.
Given under my Hand and Seal this 16th day of October, 1905.
[L.S.] Grey. 5 Ed. 7 Report on Acts of 1905. F 9
AT THE GOVERNMENT HOUSE AT OTTAWA.
The 16th day of October, 1905.
Present :
THE GOVERNOR-GENERAL IN COUNCIL.
Whereas the Lieutenant-Governor of the Province of British Columbia, with the Legislative Assembly of that Province, did, on the 8th day of April, 1905, pass an Act which has
been transmitted, No. 81, "An Act relating to the employment on Works carried on under
Franchises granted by Private Acts," being chapter 30 of the Statutes of British Columbia,
enacted at the last Session of the Legislative Assembly thereof:
And whereas the said Act has been laid before the Governor-General in Council, together
with a report from the Minister of Justice recommending that the said Act be disallowed :
Therefore the Governor-General in Council is pleased to declare his disallowance of the
said Act, and the same is hereby disallowed accordingly.
Whereof the Lieutenant-Governor of the Province of British Columbia, and all other
persons whom it may concern, are to take notice and govern themselves accordingly.
Jonh J. McGee,
Clerk of the Privy Council.
I, Sir Albert Henry George, Earl Grey, Governor-General of Canada, do hereby certify
that the Act passed by the Legislature of the Province of British Columbia on the 8th day of
April, 1905, No. 81, "An Act relating to the employment on Works carried on under
Franchises granted by Private Acts," being chapter 30 of the Statutes of British Columbia,
enacted at the last Session of the Legislative Assembly thereof, was received by me on the
19th day of April, 1905.
Given under my Hand and Seal this 16th day of October, 1905.
[L. S.] Grey.
AT THE GOVERNMENT HOUSE AT OTTAWA.
The 16th day of October, 1905.
Present :
THE GOVERNOR-GENERAL IN COUNCIL.
Whereas the Lieutenant-Governor of the Province of British Columbia, with the Legislative Assembly of that Province, did, on the 8th day of April, 1905, pass an Act which has
been transmitted, No. 85, " An Act further to amend the ' Coal Mines Regulation Act,'"
being chapter 36 of the Statutes of British Columbia, enacted at the last Session of the Legislative Assembly thereof :
And whereas the said Act has been laid before the Governor-General in Council, together
with a report from the Minister of Justice recommending that the said Act be disallowed :
Therefore the Governor-General in Council is pleased to declare his disallowance of the
said Act, and the same is hereby disallowed accordingly.
Whereof the Lieutenant-Governor of the Province of British Columbia, and all other
persons whom it may concern, are to take notice and govern themselves accordingly.
John J. McGee,
Clerk of the Privy Council.
I, Sir Albert Henry George, Earl Grey, Governor-General of Canada, do hereby certify
that the Act passed by the Legislature of the Province of British Columbia on the 8th day of
April, 1905, No. 85, " An Act further to amend the 'Coal Mines Regulation Act,'" being
chapter 36 of the Statutes of British Columbia, enacted at the last Session of the Legislative
Assembly thereof, was received by me on the 19th day of April, 1905.
Given under my Hand and Seal this 16th day of October, 1905.
[L. S.] Grey. F 10 Report on Acts of 1905. 1906
Extract from, a Report of the Committee of the Honourable the Privy Council, approved by the
Governor-General on 17th November, 1905.
The Committee of the Privy Council have had under consideration a Report, dated 10th
November, 1905, from the Minister of Justice, upon Chapter 45, of the Statutes of British
Columbia, 1905, intituled "An Act respecting the Songhees Indian Reservation, Vancouver
Island."
The Committee, concurring in the said Report, recommend its adoption.
John J. McGee,
Clerk of the Privy Council,
His Honour the Lieutenant Governor of British Columbia.
Department of Justice, Canada,
Ottawa,  10th November, 1905.
To His Excellency the Governor-General in Council:
The undersigned has had under consideration Chapter 45 of the Statutes of British
Columbia, 1905, intituled "An Act respecting the Songhees Indian Reservation, Vancouver
Island."
This Act recites that it is desirable that the Indians now occupjdng the tract of land
within the City of Victoria known as the " Songhees Reserve " should be moved therefrom and
rehabilitated elsewhere; that the consent of the Dominion Government is necessary for the
removal of the Indians, and that such consent may be obtained after the present sitting of the
Legislative Assembly has been prorogued, and that it is expedient that if and when the Indians
are removed from the said lands the Lieutenant-Governor in Council should be authorised to
dispose thereof.
The Act proceeds to provide, therefore, that upon removal by the Dominion Government
of the Indians from the said lands it shall be lawful for the Lieutenant-Governor in Council
to dispose of such lands upon such terms and conditions as may be deemed advisable.
This Act can only operate, and as understood by the undersigned, is only intended to
operate, in the event of the interest of the Indians in the said reserve having been legally
extinguished, and the lands vested in the Provincial Crown. In that event the Statute is
unobjectionable, but in so far as it is intended to operate, if it be intended to operate, upon
lands reserved for Indians, the Act is, of course, ultra vires.
The consent of the Dominion Government being clearly made a condition to the removal
of the Indians, and the disposition by the Lieutenant-Governor of the lands, the undersigned
considers that the Act may be left to such operation as it may have, and he recommends that
a copy of this Report, if approved, be transmitted to the Lieutenant-Governor of the Province
for the information of his Government.
Humbly submitted. C. Fitzpatrick,
Minister of Justice.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
the Governor-General on the 13th November, 1905.
The Committee of the Privy Council have had under consideration a Report, dated 1st
November, 1905, from the Minister of Justice, upon Chapter 61 of the Statutes of British
Columbia, 1905, intituled "An Act to Incorporate the British Columbia Securities Company";
and also Chapter 64 of the British Columbia Statutes for the same year, intituled " An Act
to Incorporate the General Trusts Corporation."
The Committee concurring in the said Report recommend its adoption.
John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant Governor,
Province of British Columbia. 5 Ed. 7 Report on Acts of 1905. F 11
Department of Justice, Canada,
Ottawa, 1st November, 1905.
To His Excellency the Governor-General in Council:
The undersigned has had under consideration Chapter 61 of the Statutes of British
Columbia, 1905, intituled "An Act to Incorporate the British Columbia Securities Company";
and also Chapter 64 of the British Columbia Statutes for the same year, intituled " An Act
to Incorporate the General Trusts Corporation."
These Statutes contain similar provisions incorporating each of these companies to carry
on the business of a general trust company, and in particular among other things to accept,
fulfil and exercise all such trusts as may be committed to the Company; to act as trustee in
respect of securities issued by any municipal or other corporation in the Province of British
Columbia or elsewhere, or by any Province of Canada, or by the Dominion of Canada, and to
establish local boards of directors or agencies either within British Columbia or elsewhere in
such manner as the directors may from time to time appoint.
There is no express provision limiting the business of these companies to the Province of
British Columbia, and the fact that they are authorised to establish agencies outside of the
Province shows that it is the intention of the Legislature that these companies may extend
their business to other Provinces.
The authority of a Provincial Legislature with respect to the incorporation of companies
is limited by the British North America Act to the incorporation of companies with-Provincial objects. It was held by the Judicial Committee of the Privy Council in the case of
Loranger v. The Colonial Building and Investment Association, 9 appeal cases, 157, that the
Parliament of Canada can alone constitute a corporation with powers to carry on its business
consisting of various kinds throughout the Dominion. It is therefore incompetent to the
Legislature of British Columbia to grant charters so broad as these, and the undersigned
considers that unless the Acts are amended so as to limit the business of these corporations to
the Province of British Columbia, it would be his duty to recommend their disallowance.
The undersigned recommends, therefore, that a communication be sent to the Lieutenant-
Governor of British Columbia inquiring whether these two Acts will be so amended within
the time limited for disallowance.
Humbly submitted.
C. Fitzpatrick,
Minister of Justice.
victoria, b. c. :
Printed by Richard Woli-endes, V.D., I.S.O., Printer to the King's Most Excellent Majesty.
1906.

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.1-0064274/manifest

Comment

Related Items