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 interprovincial
 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.
            
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