You will perceive that it is suggested that in order to avoid the risk of
complications likely to arise in the present condition of the law, and
before any attempt is made to deal with the subject by legislation on
the part of the Dominion, a conference should be held with the United
States authorities, whether Federal, State, or municipal, in order that,
i possible, joint action may be taken in the matter by both
countries.
The Marquis of Lansdowne has therefore requested me to submit this,
suggestion to your favorable consideration.
Certified copy of a report of a committee of the
honorable the privy council for Canada, approved by his
excellency the Governor-General in council on the 27th October, 1884.
The committee of the privy council have had before them a memorandum,
dated 23d October, 1884, from the minister of inland revenue with
respect to international ferries plying between Canadian and United
States ports.
The minister of inland revenue observes that the British North
American act determines the exclusive legislative authority in
respect of ferries between a province and any British or foreign
country, or between two provinces, to rest with the Dominion.
Parliament, and that the act respecting ferries (33 Vic, cap. 35)
provides that “every license of ferry under that act shall be under
the great seal, and shall be issued by the governor in council,
after public competition” as thereinafter provided.
The minister states that circumstances have arisen in respect both of
the Sarnia and Port Huron and the Buffalo and Fort Erie ferries
which lead to the conviction that the conditions required by this
act may bring the Government of Canada into serious collision with
the State or municipal authorities of the United States.
The minister is not aware whether the power of legislating for
ferries inheres in the Federal or State government, but is of
opinion, from what has transpired, that each State has power to
enact its own laws, and to delegate the administration of these to
municipalities.
Assuming, then, that such municipalities have the power to make
by-laws equivalent in force and in general conditions to the ferries
act of Canada, under which we are acting, a collision would be
inevitable unless the parties tendering to this Government were able
to negotiate away any opposition which might present itself on the
other side of the frontier. Otherwise the condition of affairs which
might supervene would be as follows:
Canada would grant a monopoly to A, and the United States
municipality to B.
A alone would have the right to touch upon Canadian territory without
going through all the forms of entering and clearing at the
custom-house, and otherwise submitting to such restrictions required
by the navigation laws as all vessels of foreign ownership are
required to do.
Should the United States authorities reciprocate, B alone would only
be in a like favored position in respect of the other side of the
frontier.
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Under these conditions the very object of a ferry, that is, rapid
transit, would be frustrated, and it would seem, therefore, that
some amendment to the ferries act is inevitable as touching
international ferries, so as to preclude the competition between
individuals for a mere commercial advantage, bringing about serious
international misunderstandings.
The minister of inland revenue therefore recommends that, before
introducing any legislation upon the subject, a conference should be
held with the United States authorities, in order that some joint
legislation might be agreed upon which should be equally applicable
to all international ferries plying between Canadian and United
States ports.
The committee concur in the recommendation of the minister of inland
revenue, and they advise that your excellency be moved to transmit a
copy of this minute, if approved, to Her Majesty’s minister at
Washington, with the request to take such steps as he may consider
advisable with a view to avoid any difficulty, which it is highly
desiraable should not spring up between the Canadian and United
States Governments, all of which is respectfully submitted for your
excellency’s approval.
JOHN J. McGEE,
Clerk Queen’s Privy Council for
Canada.
