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March 16, 1934

REPORTS OF COMMITTEES

Mr. Hanson (York^Sunbury) presented the third report of select standing committee on banking and commerce and, moved that the report be concurred in. Motion agreed to. First report of special committee to inquire into operations of radio commission under the Canadian Radio Broadcasting Act, 1932. -Mr. Morand.

PRIVATE BILLS

FIRST READING

Bill No. 36, respecting British Columbia Telephone Company.-Mr. Fraser (Cariboo).

BUSINESS OF THE HOUSE

GOVERNMENT ORDERS TO HAVE PRECEDENCE ON AND AFTER WEDNESDAY, MARCH 21

CON

Richard Bedford Bennett (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Conservative (1867-1942)
Member File Biography @ PARLINFO

Right Hon. R. B. BENNETT (Prime Minister) moved:

That on Wednesday, the 21st of March, 1934, and every Wednesday thereafter, until

Tariff Board

the end of the session, government notices of motions and government orders shall have precedence over all other matters except questions by members, introduction of bills, and notices of motions for the production of papers.

Topic:   BUSINESS OF THE HOUSE
Subtopic:   GOVERNMENT ORDERS TO HAVE PRECEDENCE ON AND AFTER WEDNESDAY, MARCH 21
Permalink

Motion agreed to.

TARIFF BOARD JURISDICTION

REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES

On the orders of the day:
LIB

James Layton Ralston

Liberal
Member File Biography @ PARLINFO

Hon. J. L. RALSTON (Shelburne-Yar-mouth):

I wish to ask the Prime Minister

whether, in connection with the reference which I understand is being made to the Supreme Court of Canada regarding the jurisdiction of the tariff board, the government will consider referring the question as to the validity of orders fixing values for duty purposes of commodities covered by the British preference since the statute of 1932 was passed?

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
Permalink
CON

Richard Bedford Bennett (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Conservative (1867-1942)
Member File Biography @ PARLINFO

Right Hon. R. B. BENNETT (Prime Minister):

As far as I know that question

has not been raised. The questions raised were: First, has the board any jurisdiction to settle or determine questions of law; second, was the judgment of the board in connection with the matter of the refund of duty in connection with twine under a valuation fixed by the minister under the authority of an order in council passed prior to the enactment of the statute providing that section 43 did not apply to British Empire countries valid or invalid? The third question, which has just been mentioned by the hon. gentleman, has not arisen so far as I know. It has not been determined that the matter should be referred to the Supreme Court of Canada; the law officers are endeavouring to ascertain just what would be the appropriate method, apart altogether from resorting to the rather cumbersome proceeding provided by the Customs Act, to have the matter speedily disposed of. That matter will be settled by to-morrow.

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
Permalink
LIB

James Layton Ralston

Liberal
Member File Biography @ PARLINFO

Mr. RALSTON:

In that connection might I just remind the Prime Minister that there would seem to be two more questions. One is allied to the second question he mentioned; that is, whether or not orders made by the minister after the passing of the statute of 1932 are valid. The second question is as to whether the privy council have any power to entertain an appeal under section 54 in respect of questions such as were raised in the twine case. I just wanted to ask if the government will consider putting those questions in the reference, if such a reference is proposed.

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
Permalink
CON

Richard Bedford Bennett (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Conservative (1867-1942)
Member File Biography @ PARLINFO

Mr. BENNETT:

With your consent, Mr. Speaker, I desire to say that the government is not in a position to make a reference other than with respect to the matters that were raised on the appeal, and when the appeal was presented it was admitted that, for the purpose of discussion, there was an appeal under the section to which reference has been made.

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
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LIB

James Layton Ralston

Liberal
Member File Biography @ PARLINFO

Mr. RALSTON:

The governor in council

has power to make a reference of any question.

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
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CON

Richard Bedford Bennett (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Conservative (1867-1942)
Member File Biography @ PARLINFO

Mr. BENNETT:

With respect to a

statute.

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
Permalink
LIB

James Layton Ralston

Liberal
Member File Biography @ PARLINFO

Mr. RALSTON:

This is a statute; it is

as to the effect of the 1932 statute.

Topic:   TARIFF BOARD JURISDICTION
Subtopic:   REFERENCE TO SUPREME COURT OF RIGHT TO MAKE RULINGS ON POINTS OF LAW AND FIXING OF VALUES
Permalink

INQUIRY FOR RETURN

March 16, 1934