Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

708 THE FEDERATIONS AND THE UNION [PART IV purposes, and companies not rarely, to avoid tedious conflicts of jurisdiction, incorporate themselves both federally and provincially, especially if they desire navigation privileges, or the power to bridge over a navigable stream, for which they must, in any case, have parliamentary authority! In one case at least the Dominion has incorporated a company with a purely provincial object, viz. the Act incorporating the Anticosti Company, which Ritchie C.J. declared in Forsyth v. Bury? to be clearly ulira vires. But a company incorporated by the Dominion may de facto confine itself legally to one province.? The provinces have on several occasions set up chartered corporations, a curious name for a body merely incorporated by Act and not by charter, but there is no ground on which exception could be taken to the Acts. On the other hand, an Ontario Act of 1908 regarding the Chartered Accountants’ Corporation of Ontario was disallowed in 1909, because it forbade any resident member of the Chartered Institute of the United Kingdom from describing himself as a chartered accountant while within the limits of the province. Ontario in 1910 re-enacted this Act (c. 79), which was disallowed, and again in 1911 (c. 48), also presumably to be disallowed, and Alberta in 1910 (c. 43) has thus legislated. The supremacy of the Dominion legislation over provincial legislation as to company incorporation when both are valid was asserted in the case of La Compagnie hydraulique de St. Francois v. Continental Heat and Light Company.* In 1 Cf. Bourinot, Parliamentary Procedure and Practice,” p. 680 ; Provincial Legislation, 1867-95, pp. 379, 1118; re Brandon Bridge, (1884) 2 M. R. 14; Dominion Act 45 Viet. c. 37; House of Commons Debates, 1910-1, pp. 7818 seq. 2 (1888) 15 S. C. R. 543, at v. 549. See Strong J.. at ». 551: contra, Gwynne J. * Lefroy, op. cit., p. 636, note 2. In 1881 the Bell Telephone Co. was held by the Quebec Courts to have no right to operate in the province under the Dominion Act 43 Vict. c. 67, and local Acts were passed for its benefit there in 1882; in New Brunswick, Nova Scotia, and Ontario in 1882; and in the same year the Dominion Parliament declared it a work for the general advantage of Canada. But the Quebec decision was, no doubt, wrong. 4 [1909] A. C. 194, Cf, Hull Electric Co. v, Ottawa Electric Co., [1902] A, C. 237.

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