POLS 3135 Lecture Notes - Lecture 6: Ultra Vires, Reference Question, Price Discrimination
7 Dec 2018
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Week 6: property and civil rights vs. trade and. It is very broad, that"s why there is potential conflict between the two. Regulation of insurance: not mentioned in bna act. Judicial rulings have emphasized the interpretation of insurance regulation within property and civil rights. However, there is room for the federal law to operate: federal law can regulate insurance under trade and commerce, but provincial can under property and civil rights. Insurance company argued that the ontario fire insurance act was ultra vires of provincial government: court ruling: ruled in favour of the insurance company. In canada: no rules: came from word: trade of commerce of federal government cannot be used to interfere. Insurance within the province is the responsibility of the provincial government. Jcpc drew a line where trade and commerce can be used: 3 areas mentioned above. Professions and trades: entry, rules of conduct and administration, provincial jurisdiction.
