Full text: Responsible government in the Dominions (Vol. 2)

cuap.1] THE DOMINION OF CANADA 703 
1872 (35 Vict. c. 26) gave the power in certain cases to the 
Minister of Agriculture or his deputy to decide what patents 
were void. and the power was upheld in re Bell Telephone Col 
(p) Trade and Commerce 
Again, the wide words ‘ regulation of trade and commerce ’, 
which assign powers to the Federal Parliament, have been 
interpreted by the Judicial Committee to mean political 
arrangements in regard to trade and requiring the sanction 
of Parliament, regulation of trade in matters of inter- 
provincial concern, and perhaps general regulation of trade 
affecting the whole Dominion. But it was held that they 
certainly did not give power to legislate to regulate contracts 
of insurance in a single province, and the validity of an 
Ontario Act regarding insurance was therefore upheld,*despite 
the fact that the company held a licence from the Dominion 
Parliament. On the other hand, they held that the 
Dominion Parliament could legitimately require every in- 
Surance company to take out a licence before they undertook 
insurance business anywhere in the Dominion. Even if a 
Company, established under a Dominion Act, confines its 
business to one province only, it has, under the Act of in- 
Corporation by the Dominion Parliament, the status of a 
Company, and though its operations are subject to local law, 
It can act as a corporate body subject only to such law 
Tegulating the details of its action, but there is pending an 
Important question, to which reference will be made later, as 
to the validity of an Act of British Columbia which prevents 
Companies carrying on business in the province unless they 
register and pay the necessary fee, or obtain licences on similar 
Certain powers in railway matters to the Railway Committee of the Executive 
Council was allowed to stand : see Provincial Legislation, 1867-95, v. 435. 
70. R. 605. 
? The Citizens and Queen Insurance Companies v. Parsons, 7 App. Cas. 96; 
cf. 4 8. 0. R. 215, which agreed as to the principle, Taschereau and Gwynne 
JJ. dissenting; Quick and Garran, Constitution of Commonwealth, pp. 513 seq. 
* Colonial Building and Investment Association v. Attorney-General of 
Quebec, 9 App. Cas. 157, overruling Loranger v. Colonial Building and 
Investment Association. 5 L. N. 116: 2 Cart. 275.
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.