L'évolution industrielle de la Belgique

Responsible government in the Dominions (Vol. 2)

Bibliographic data

Monograph

Identifikator:: 1029903786

URN:: urn:nbn:de:zbw-retromon-63471

Document type:: Monograph

Author:: Lewiński, Jan S. http://d-nb.info/gnd/102701059

Title:: L'évolution industrielle de la Belgique

Place of publication:: Bruxelles

Publisher:: Misch & Thron, Éditeurs

Year of publication:: 1911

Scope:: 1 Online-Ressource (XIII, 444 Seiten)

Digitisation:: 2018

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Première partie

Collection:: Economics Books

CHAP.I] THE DOMINION OF CANADA 709 that case a Dominion statute (60 & 61 Vict. ¢. 72) had incorporated a company with powers as to the sale of elec- tricity which extended over the whole of the Dominion, and on the other hand the appellant company had received privileges from the Legislature of Quebec (2 Edw. VII. c. 76 ; ¢ Edw. VII. ¢. 84), which were in part exclusive of the Operations of any other company. It was held by the Judicial Committee that the Provincial Act could not be held to limit the privileges conferred by the Dominion Act, and that therefore the company incorporated by the Dominion Act must be deemed not to be affected by the Provincial Act. This case is interesting especially in view of the fact that the provinces have continually passed legislation requiring Dominion companies to take out licences 85 a condition of carrying on operations in each of the Provinces, The matter has been repeatedly considered by Successive Ministers of Justice, and the tendency has been to doubt whether the power to insist on the taking out of a licence exists at all, or at any rate whether it exists in the case of companies which are incorporated under the powers granted specifically to the Dominion Parliament by s. 91; but there is as yet no final decision on the matter. (r) Railway Companies, dc. The position of railway companies is of increasing impor- tance and interest. The net result of s. 92, subsection 10 (a) of the British North America Act, when read in conjunction with s. 91 (29), is to confer upon the Dominion Parliament exclusive right of legislation with regard to railways, canals, telegraphs, and other works, and undertakings connecting a province with any other province or provinces, or extending beyond the limits of the province. This provision, however, still leaves difficulties, for the legislative power must be exercised within the sphere of the subjects with which it deals, and it is by no means easy to determine what is to be regarded as being fairly legislation concerning railways, and what would be an infringement of the powers of the province to legislate exclusively regarding property and private rights.

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