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In this respect, the proposed Act is unlike federal competition legislation, which has been held to fall under s. 91(2) of the Constitution Act, 1867. It would regulate all aspects of contracts for securities within the provinces, including all aspects of public protection and professional competence within the provinces.
Section 91 of the Constitution Act, 1867 (French: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867.
MacDonald v Vapor Canada Ltd, [1977] 2 S.C.R. 134 is a leading constitutional decision of the Supreme Court of Canada (SCC) on the Trade and Commerce power under section 91(2) of the Constitution Act, 1867.
The British North America (No. 2) Act, 1949 amended the division of powers in the Constitution Act, 1867, by adding section 91(1). This limited which portions of the constitution that the Parliament of Canada could unilaterally amend. One rule that Parliament could not unilaterally amend was that the House of Commons could not last for more ...
Home Oil Distributors Ltd v British Columbia (AG) [1940] S.C.R. 444 was a leading constitutional decision of the Supreme Court of Canada on the Trade and Commerce power under section 91(2) of the Constitution Act, 1867. [1]
The powers of government are divided between the provinces and the federal government and are described in sections 91 to 95 of the act. Sections 91 and 92 are of particular importance, as they enumerate the subjects for which each jurisdiction can enact a law, with section 91 listing matters of federal jurisdiction and section 92 listing ...
Carnation Co v Quebec (Agricultural Marketing Board) [1968] S.C.R. 238 is a leading constitutional decision of the Supreme Court of Canada on the federal authority over trade and commerce under section 91(2) of the Constitution Act, 1867. The Court held that incidental overlap of provincial laws into federal trade and commerce matters does not ...
The Constitution Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon it was found that the topics enumerated in the two sections ...