Commissioners and Representatives of the Provinces of Canada for the Purpose of Promoting Alberta: Uniformity of Legislation. FRANK FORD, K.C., Edmonton. WALTER S. SCOTT, K.C., Edmonton. HAROLD H. PARLEE, K.C., Edmonton. (Commissioners appointed under the authority of the Statutes of Alberta, 1919, c. 31). British Columbia: JOSEPH N. ELLIS, K.C., 470 Granville Street, Vancouver. Manitoba: (Commissioners appointed under the authority of the Statutes of British Columbia, 1918, c. 92). ISAAC PITBLADO, K. C., Bank of Hamilton Building, HERBERT J. SYMINGTON, K.C., Lombard Building, TRAVERS SWEATMAN, K.C., Garry Building, Winnipeg. HJALINAR A. BERGMAN, K. C., McArthur Building, ESTEN K. WILLIAMS, Somerset Block, Winnipeg. New Brunswick: WILLIAM B. WALLACE, K.C., St. John. MARINER G. TEED, K.C., St. John. J. D. POLLARD LEWIN, St. John. (Commissioners appointed under the authority of the Statutes of New Brunswick, 1918, c. 5). Nova Scotia: STUART JENKS, K.C., Halifax. FREDERICK MATHERS, K.C., Halifax. CHARLES J. BURCHELL, K.C., Halifax. (Commissioners appointed under the authority of the Statutes of Nova Scotia, 1919, c. 25). Ontario: SIR JAMES AIKINS, K.C., Winnipeg. FRANCIS KING, K.C., Kingston. JOHN D. FALCONBRIDGE, K.C., 22 Chestnut Park, Toronto. (Commissioners appointed under the authority of the Prince Edward Island: WILLIAM E. BENTLEY, K.C., Charlottetown. Quebec: HON. ED. FABRE SURVEYER, Judges' Chambers, Superior Saskatchewan : ROBERT W. SHANNON, K.C., Regina. PREFACE. The independent action of the various provincial legislatures naturally results in a certain diversity of legislation. In some cases diversity is inevitable, as, for instance, when the province of Quebec legislates upon subjects within the purview of the Civil Code of Lower Canada and according to principles derived from the law of France, and the other provinces legislate upon similar subjects according to principles derived from the common law of England. In such cases the problem of securing uniformity is confined to the common law provinces. There are, however, many other cases in which no principle of either civil law or common law is at stake, with regard to which the problem of securing uniformity is the same in all the provinces. Both these classes of cases include subjects of legislation as to which it is desirable, especially from the point of view of merchants doing business in different parts of Canada, that legislation should be made uniform throughout the provinces to the fullest extent possible. In the United States work of great value has been done by the National Conference of Commissioners on Uniform State Laws. Since the year 1892 these commissioners have met annually. They have drafted uniform statutes on various subjects, and the subsequent adoption of these statutes by many of the state legislatures has secured a substantial measure of uniformity. The example set by the state commissioners in the United States was followed in Canada when, on the recommendation of the Council of the Canadian Bar Association, several of the provinces passed statutes providing for the appointment of commissioners to attend an interprovincial conference for the purpose of promoting uniformity of legislation. The first meeting of commissioners and representatives of the provinces took place at Montreal on the 2nd of September, 1918, and at this meeting the Conference of Commissioners on Uniformity of Legislation in Canada was organized. The second annual meeting of the Conference took place at Winnipeg on the 26th, 27th, 28th and 29th of August, 1919, the third at Ottawa on the 30th and 31st of August and the 1st, 2nd and 3rd of September, 1920, the fourth at Ottawa on the 2nd, 3rd, 5th, 6th, 7th and 8th of September, 1921, and the fifth at Vancouver on the 11th, 12th, 14th, 15th and 16th days of August, 1922. In 1919 the Conference considered and adopted a report on legislative drafting, containing a carefully prepared selection of extracts from books written by the leading authorities on the subject, and directing attention to many important rules to be observed by draftsmen of statutes. In 1919 and 1920 the Conference secured the adoption of the Sale of Goods Act, 1893, and the Partnership Act, 1890, in those common law provinces which had not already adopted them, and these two codifying statutes are now in force in all the provinces of Canada except Quebec. In 1920 the Conference revised and approved model uniform statutes relating to legitimation by subsequent marriage and to bulk sales. In 1921 the Conference revised and approved model uniform statutes respecting fire insurance policies and warehousemen's liens. In 1922, in consequence of representations made by the superintendents of insurance and the insurers, the Conference reconsidered the model uniform statute respecting fire insurance policies, and approved it in a revised form. The conference also revised and approved a model uniform statute respecting conditional sales, and devoted much time to the consideration of the draft of a uniform model statute respecting life insurance. Other subjects which have been considered by the Conference or which have been referred to committees for report are: reciprocal enforcement of judgments, companies, devolution of estates, wills, succession duties, mechanics' liens, workmen's compensation for injuries and the protection and property rights of married women. Statutes have been passed in some of the provinces providing both for contributions by the provinces towards the general expenses of the Conference and for payment by the respective provinces of the travelling and other expenses of their own commissioners. The commissioners themselves receive no remuneration for their services. J. D. F. PROCEEDINGS. PROCEEDINGS OF THE FIFTH ANNUAL MEETING OF THE CONFERENCE OF COMMISSIONERS ON UNIFORMITY OF LEGISLATION IN CANADA. The following commissioners or representatives were present at some of the sessions of the conference: Alberta: MESSRS. FORD, SCOTT AND PARLEE. British Columbia: MESSRS. ELLIS AND PINEO. Manitoba: MESSRS. SYMINGTON, WILLIAMS AND BERGMAN. New Brunswick: MESSRS. WALLACE, TEED AND LEWIN. Nova Scotia: MR. JENKS. Ontario: SIR JAMES AIKINS AND MESSRS. KING, FALCONBRIDGE AND ELLIOTT. Saskatchewan: MESSRS. SHANNON AND PATRICK. FIRST DAY. Friday, 11th August, 1922. The Conference assembled at 10.30 a.m., at the Court House, Vancouver. In the absence of the president, the chair was occupied by the vice-president, Mr. Teed. It was resolved that no stenographer should be employed for the purpose of reporting the proceedings of the Conference. |