Mr. CRERAR:
Well, so far as the governor in council is concerned this particular section does no more than is done in other sections of the Indian Act dealing with the disposal of surface rights.
Mr. BENNETT:
Yes, but they are done by auction, as you know.
Mr. CRERAR:
Yes; usually sold by
tender or auction.
Mr. BENNETT:
They have to be.
Mr. CRERAR:
Mr. STIRLING:
Who is the licencee?
Mr. CRERAR:
The licencee may in one case mean the man who has the right to cut pulpwood on the reserve.
Indian Act
Mr. BENNETT:
Then if that is so, clearly it is not stated correctly in the bill, because it says:
To issue leases upon such terms as may be considered proper in the interest of the Indians and of any lessee or licencee.
Mr. CRERAR:
And of any person else who may have such right.
Mr. BENNETT:
But the words "lessee or licencee " refer to the people mentioned in paragraphs (a) and (b) who now become lessees and licencees. This is all one section.
Mr. STIRLING:
We do not know who the licencee is, because it is not referred to anywhere else.
Mr. CRERAR:
When we get upon matters of legal interpretation I am on rather difficult ground. It seems to me however that the intention is clear.
Mr. STEVENS:
I take it the minister means the prospective lessee.
Mr. BENNETT:
Hear, hear.
Mr. STEVENS:
The lease to be issued, because it refers to that in the same, subparagraph. The subparagraph reads:
The governor in council may make regulations enabling the superintendent general to issue leases upon such terms as may be considered proper in the interest of the Indians and ot any lessee or licencee.
There is no intimation that it refers to any other type of lessee.
Mr. BENNETT:
That is the only person it could refer to.
Mr. STEVENS:
Taking the minister's
interpretation there should be a subclause to make it clear that this is protecting the interests of prior lessees, which is an entirely different thing.
Mr. CRERAR:
I suggest that this section be allowed to stand and I shall look into the points raised by the leader of the opposition and- the hon. member for Kootenay East.
Mr. NEILL:
Was this thing drawn up in the department of the minister?
Mr. CRERAR:
It was.