Mr. R. F. SUTHERLAND (North Essex).
In the absence of the hon. member for New Westminster (Mr. Morrison), I move :
Mr. BORDEN (Halifax).
That the order for the third reading of Bill (No. 175) respecting the Century Life Insurance Company be discharged and that the Bill be referred to the Committee of the Whole for further consideration.
Motion agreed to, and. House went into committee on the Bill.
Mr. SUTHERLAND (North Essex).
I move that clause 3, paragraph 4, be amended by substituting the word ' ten ' for ' twenty-five,' in the second line.
Mr. BORDEN (Halifax).
How will that read ?
Mr. HENDERSON.
That is not an amendment to a Bill before the House, but an amendment to some other statute.
Mr. SUTHERLAND (North Essex).
This is a proposal to reduce the amount of cash paid in before the company begins from twenty-five per cent to ten per cent.
This amendment goes somewhat further than I understood from the hon. member who is in charge of the measure. I prefer that the Bill should be allowed to stand until the next day for Private Bills. I move that the committee rise, report progress and ask leave to sit again.
Motion agreed to, and progress reported.
House again in committee on Bill (No. 192) to enable the city of Winnipeg to utilize the Assiniboine river water-power.-Mr. Puttee. Mr.. DEPUTY SPEAKER. The committee were considering section 4 : The city, or its assignees, or appointees as aforesaid, may excavate, construct, operate, keep in repair and enlarge a canal (with locks, if necessary) to connect the Assiniboine river with Lake Manitoba. -with Mr. LaRiviere's amendment thereto to strike out the words 'if necessary.' Mr. LaRIVIERE. I am of the opinion that the canal should not be built without locks. But I want it to be provided that all works constructed under this Act must have the approval of the Governor General in Council. I am willing with a proviso to enlarge the amendment that I have suggested, and I will move that all the words in brackets, ' with locks, if necessary ' be struck out. After consultation with the promoter of the Bill, he has agreed to allow me to move that amendment; then it will remain with the Governor General in Council, as provided in clause 6, to decide whether the locks are necessary or not, and to approve of the plans for the construction of the canal. If this section 4 is left as it is, there is nothing to provide who shall decide as to the necessity of those locks, but by striking out these four words in this clause, it remains entirely in the discretion of the Governor General in Council to decide whether there shall be locks or not. I, therefore, move that the words between brackets in the third line be struck out.
Mr. PUTTEE.
That amendment is agreeable to *ie as a matter of arrangement. I may say that the Minister of Public Works has suggested to put at the bottom of the clause ' subject to the approval of the plans by the Department of Public Works.' That would thoroughly safeguard the matter.
Amendment agreed to. On section 5, For the purposes aforesaid, the city or its assignees or appointees, as aforesaid may acquire lands by purchase, lease or expropriation, and for the latter purpose all the provisions of the Railway Act which relate to expropriation shall, so far as they are applicable, apply to the undertaking and works hereby authorized.
Mr. McCREARY.
It is a little unusual to give such wide powers as these to a private company, that is to say, the powers of expropriation that are contained in the Railway Act. Along the Red river, as most gentlemen understand, and along the Assin-Iboine also, the lands fronting on the river are in small narrow lines three or four chains wide, and extending back two or four miles. They are the lands of the original settlers who came there years ago. The part on the river is the most valuable. Their homes are there, their houses are there, and their cultivation is generally there. But unless this clause is properly worded it might happen that witnesses would go into court and swear that the land was only worth $10 or $15 an acre, whereas a small portion on the river, four or five acres, would be worth $100 an acre. The house may have only an actual value of $50, whereas the land upon which it is situated and in the immediate vicinity, may be worth $500. I think this section is a little too wide, and I don't believe they should have this power under the Dominion Railway Act. As I have already pointed out, this matter is one of gigantic importance, if the company were to construct this canal, as any gentleman will see who looks at the map from an engineering point of view and understands the quantity of water that is likely to flow down into the Assiniboine river through this canal. The clause should be restricted very much, and when we get to the other clauses, I shall raise certain objections to them. I would ask the Minister of Public Works to give us his views on this entire Bill, more especially on this particular clause.
I would suggest
to the hon. gentleman in charge of this Bill that it would be well to amend this section. 1 do not think that the parties should go on and take action under this clause until their plans have been approved, and as there is no objection, I propose to insert, after the word ' aforesaid ' in the first line, the words ' after approval of the plans as provided in section 6 of this Act.'
Hon. Mr. HAGGART.
I would draw the attention of the Minister of Public Works to this clause. Most of the rights which the city would have to obtain would be those of easement for overflowing the lands, the right of erecting a dam and overflowing the lands. The principal damage would be the easement of the right of overflowing these lands. It seems to me they can do this without auy expropriation in the first instance. They would have the same right a railway would have. It is an extraordinary power to give to a person to erect a dam on a river.
In reply to the hon. member for Selkirk (Mr. McCreary), I would say that the Bill had not been brought to my attention until after it had passed the committee. I would not like to refuse the city the legislation they are asking for, the object is a good one, and under certain restrictions it is desirable, perhaps, that the city of Winnipeg should have this power. But I think my hon. friend will agree with me that after the amendment we have put in for the approval of the plans, they can take action under this and under the Railway Act, and the city would be liable for all damages caused.
Mr. McCREARY.
Under section 110 they have the power.
Hon. Mr. HAGGART.
That is the power that is only given to a person to erect a dam on a navigable or other river. They can obtain the easement in the first place before they get the charter or the right to proceed. Tills gives them the power of erecting a dam and settling for the easements afterwards the same as the railway company may do. I think It is rather an extraordinary power to give to any person the right of overflowing a large section of country such as the hon. gentleman describes.