Mr. SPEAKER:

I consider it my duty to inform the house that this morning I received many calls from hon. members complaining of the temperature in this building. Some hon. members suggested to me that under the prevailing conditions there should be no sitting of the house this afternoon. Hon. members will realize that it is for the house itself to decide whether we should sit or not.

I communicated with those who are responsible for the heating of the building and was informed that there had been an accident in the central heating plant, but they hoped that sometime about noon or one o'clock today they would be able to send some steam into the chamber. Just before coming into the house at three o'clock I was told that unfortunately the repairs had not yet been made, and that it would be impossible to heat the building this afternoon. I thought it my duty therefore to bring the facts to the attention of the house. The temperature in this chamber is now about 64 degrees, and in some parts of the building it is only 60.

I thought that before we proceeded with the business of the house hon. members would like to know these facts so that the house might decide whether there should be a sitting this afternoon. Those who have been complaining about the temperature cannot expect any improvement this afternoon.

Mr. GREEN:

Mr. Speaker, may I suggest that it ivould be well if we could have our sittings in Vancouver?

Hon. ALPHONSE FOURNIER (Minister of Public Works):

Before the house comes to a hast.% decision as to whether we should sit or not, I should like to make the following statement.

On account of the unduly severe weather that has prevailed during the present week it

was necessary to force the capacity of the plant to the extreme limit, and under such circumstances one boiler failed. The central heating plant is composed of six boilers, all of which are connected to a central manifold, and they have been used and have met the demands imposed upon them even with the additional temporary construction that was put up during wartime. One boiler failed in a minor way at midnight on the 9th, and it was necessary to close this one down to make repairs. While these repairs were under way, the other five boilers were under additional pressure and the second boiler failed after midnight. Both repairs are not what might be considered serious. They can be corrected temporarily, and it is hoped that one boiler will be back on the line in an hour or so, and the other one will be ready by tomorrow morning.

These are circumstances over which we have little or no control as they are brought about by reason of severe weather. While the plant is overhauled between heating seasons, it is found that today the scarcity of materials makes it difficult to replace with new parts the wear and tear that has ordinarily taken place; and, in substitution, wear and tear has been replaced by welding and other processes to tide over until such time as it is possible to make adequate renewals.

At present we have working on the building the Campbell Steel and Iron Works and the staff of the public works department. The last information I received was that during the afternoon we shall have the ordinary temperature in the building.

Mr. JOHN BRACKEN (Leader of the Opposition):

I wish to direct a question to the Prime Minister. It arises out of the fact that we have on the order paper a bill to amend the Dairy Industry Act with regard to oleomargarine. My question is this. Did the

Oleomargarine

government in signing the Geneva trade agreements agree to remove the embargo against the importation of oleomargarine?

Right Hon. W. L. MACKENZIE KING (Prime Minister):

The Secretary of State for External Affairs has been giving special attention to the situation that arises with regard to oleomargarine under the agreements. I would suggest that my colleague reply.

Right Hon. L. S. ST. LAURENT (Secretary of State for External Affairs): The trade agreements signed1 at Geneva, Mr. Speaker, are being applied provisionally between Canada and the signatories of the protocol of provisional application which is printed1 at page 85 of our document, treaty series 1947, No. 27.

Under that protocol, the signatories are applying parts 1 and 3 of the general agreement on tariffs and trade and they are required to apply part 2 only to an extent not inconsistent with existing legislation.

Articles XI and XX of the general agreement are those which deal with the exclusion of prohibitions or restrictions other than duties; they are both in part 2 and there is no obligation to apply them in any way that would require now the modification of existing legislation.

The general agreement itself will not come into force in such manner as to make part 2 a requirement that any signatory modify existing legislation until the thirtieth day following the day on which instruments of acceptance have 'been deposited with the secretary general of the united nations on behalf of governments signatory to the Final Act, the territories of which account for 85 per centum of the total external trade of the territories of the signatories to the Final Act as provided in article XXVI, subsection 5, of the general agreement.

There are twenty-three signatories to that Final Act, and the percentage shares of total external trade to be used under article XXVI to determine when you reach the 85 per cent is stated in annex A-H, which is printed at page 76 of our publication.

It is apt to be some months yet before the requirements of article XXVI for the coming into force of the general agreement shall have been satisfied.

The signatories of the protocol of provisional application are: Australia, Belgium-

Luxembourg-Netherlands, Canada, Cuba, France, United Kingdom and United States. They are extending to each other the benefits of the concessions negotiated between them respectively and some of them are even extending to each other the benefits of con-

cessions negotiated with countries whose governments have not yet signed the protocol, but they are not bound to do so, and we ourselves have excluded from the provisional application the concessions we negotiated with Norway because Norway has not yet signed the protocol. This was done by order in council P.C. 5270 of December 23, 1947.

The question of the effect of articles XI and XX of the general trade agreement, when it does become binding on the signatories, is now being considered by the Department of Justice. Hon. members will see that the general exclusion of prohibitions or restrictions other than tariff charges or tariff duties is followed by paragraph 2 which declares that those provisions do not apply in certain cases. The effect of the exceptions on such legislation as exists in Canada that would amount to prohibitions is being considered at the present time by the Department of Justice.

Mr. BRACKEN:

Perhaps the minister

would permit one other question. From his answer are we to understand that at the moment we are not in the position of having agreed to remove this embargo? And further are we to understand that the minister is not in a position now to say what the final effect of the signing of these agreements is with regard to the embargo on oleomargarine? Is that a correct interpretation of what the minister had to say?

Mr. ST. LAURENT: I would prefer to put it this way. An agreement has been signed which has not yet come into force. Certain portions of it are being applied under a protocol of provisional application. None of the things which are required by the protocol of provisional application makes it necessary for us to modify any of our legislation. The Department of Justice is studying the question whether, when it does come into effect, the general trade agreement would require us to modify the Dairy Industry Act which deals with oleomargarine or certain tariff provisions which exclude secondhand machinery or commodities. These questions are being studied at the present time by the Department of Justice.

Mr. BRACKEN:

When the agreement does come into effect, the government is in the position that it does not know what position it is in with respect to this particular matter?

Mr. ST. LAURENT: The government

knows that articles XI and XX are the general rules which will apply, but there are exceptions. It is a question on which the government will have to act on its responsi-

Questions

bility after it has received advice from the legal adviser of the government. Under the statute, it will then have to say whether or not it considers that the exceptions affect this provision of the Dairy Industry Act and the provision about the exclusion of secondhand commodities, unless there is agreement to modify these exceptions.

Just a week ago today I had an interesting conversation with our chief representative at the Havana conference, and these two articles are still being debated at Havana. They may remain as they are; they may be modified. Under the exception there is an argument that if there is a non-diseriminatory prohibition affecting an agricultural product, non-discriminatory inasmuch as it applies to Canadians as well as to outsiders, it does not have to be interfered with. That is a possible construction of the exception. Whether or not it is the proper construction of the exception is now being considered by the Department of Justice.

Mr. BRACKEN:

The minister has been dealing with the interpretation of the provisions of this agreement. Might I ask him what was the intention of the government with respect to the embargo on oleomargarine when this agreement was signed?

Mr. SPEAKER:

Order. I should draw to the attention of the leader of the opposition the fact that while it is the practice to ask questions before the orders of the day are called, and while it is sometimes the practice to ask additional questions, it is not the practice to start a debate on the answer given by a minister.

Mr. BRACKEN:

I just wished to be clear as to what the minister was telling us in his answer to my question.

Mr. T. J. BENTLEY (Swift Current):

I should like to ask the Minister of Labour a question arising out of a telegram received from the Swift Current fuel dealers' association, advising of a serious fuel shortage there. Will the minister say whether the federal government is doing anything to assist in settling the dispute between the miners and owners in Alberta and British Columbia?

Hon. HUMPHREY MITCHELL (Minister of Labour):

This particular dispute comes within the jurisdiction of the Alberta government. Recently they appointed a board of

conciliation. That board has made its report, which has been placed before the parties to the dispute that is, district 18, United Mine Workers of America, and the coal operators.