Tackett hopes one of the newest tenants will be a big draw: Colonial Cinemas at DeSoto Six, a movie theater complex that replaces DeSoto Dollar Movies, which closed over the summer. Tackett is encouraged by the recent occupancy uptick and the good wishes of people who want him to keep up the fight to save the mall, built in CineBistro is projected to open in in space formerly occupied by Saks Fifth Avenue.
Jill, Pottery Barn and the Walking Co. Those are three of the thousands of items for sale inside a typical Costco, which opened in the mall in summer The membership bulk quantities warehouse draws a passionate and loyal following wherever it opens a location. Several area commercial real estate brokers say the best chance for Sarasota Square, on U. In an email response to questions, Westfield says it continually reinvests in its centers.
Other stores that recently filed permits for Sarasota Square, say mall officials, include. At 1,, square feet, Westfield Sarasota Square is the largest enclosed mall in the Manatee-Sarasota region. Rue21 and Old Navy. Those stores also cater to a budget-conscious clientele. Built in , the mall was previously renovated in and again in The mall, built in ,. This leather sofa features clean line and Italian style at its best!
Comfort style and value. Available in white or sand. Seaboard Ave. Outlet Mall on U. Interest will be charged to your account from the purchase date if the promotional purchase is not paid in full within 12 months, by November Minimum Monthly Payments required.
Offer applies only to single-receipt qualifying purchases. No interest will be charged on the promo purchase if you pay the promo purchase amount in full before the due date. If you do not, interest will be assessed on the promo purchase from the purchase date. Regular account terms apply to non-promotional purchases and, after promotion ends, to promotional balance.
For new accounts: Purchase APR is Existing cardholders should see their credit card agreement of their applicable terms. Subject to credit approval. A store manager reported that a juvenile employee was observed giving unauthorized discounts to a fellow employee that was there shopping and pocketing the savings. A lossprevention officer attempted to stop the suspects, but they sprayed pepper spray in his face as he was trying to detain them.
Petersburg and recovered the merchandise. Suspicious Circumstance. A recycling employee called police when a man showed up seeking money for construction-grade metal he was selling for scrap. Police responded. Animal Cruelty. Police responded to a report of an emaciated horse. Police discovered the horse was 27 years old and being fed daily with fresh hay. The horse also had fresh water. No animal cruelty was observed. The man was on probation. No crime was committed, and the man agreed to move along.
Lost Property. A man reported his Venezuelan relatives lost a bag while shopping that contained the passports they needed to return to Venezuela. A man told police he was in an accident on Interstate 75 earlier that day and his truck and boat on a trailer were towed away. The man reported his shotgun was missing from his boat when he went to retrieve his truck and boat.
Join the physicians of Sarasota Orthopedic Associates in three separate one hour sessions as they address common causes and types of orthopedic pain, non-surgical options. This holiday season, Gulf Coast Community Foundation celebrates your desire to give good.
No matter how you give, GulfCoastGood. Join the Living Lord Lutheran Church congregation for a free community Advent celebration, as the church grounds are transformed into the city of Bethlehem with a Living Nativity!
UF researchers, Town Hall orchestrate inaugural event to educate and entertain Ranch residents on ponds. Ponds are more important than some area residents realize. University of Florida researchers Emily Ott and Dr. From to p. Light refreshments will be served. Unlimited Golf for a Year! Retention ponds in Lakewood Ranch are more than just aesthetically pleasing parts of the community, according to Lakewood Ranch Director of Operations Ryan Heise.
Gail Hansen. Topics include landscape best practice in conjunction with Florida Friendly Landscaping guidelines, landscape architecture, stormwater pond functions and other environmentally-focused issues. Charlie Nealis, a Ph. D candidate, will also reveal some of the results of his three-stage project on stormwater ponds.
Only the first 50 responders to the event will be admitted. Space is limited. Call or email ryan. Stormwater runoff sends pollutants and pesticides into East County retention ponds that work to help clean the water. Upgraded to high standards throughout. Custom drapes. Outdoor kitchen. Golf course views. Nealis studied 36 ponds in Lakewood Ranch once a month for four months, and from those 36, he chose 12 to study for an additional eight months.
Nealis evaluated the nutrients and algae content in the ponds, followed by a survey he sent out to Ranch residents to gauge knowledge and understanding of stormwater pond purposes. Presenters will discuss issues with the audience in an interactive way to ensure participants understand which fertilizers harm ponds.
Heise and Ott promise there will be no lectures, just conversations. Private lot. Two car garage. Neal built Burgundy floor plan. Cul-de-sac location. Custom pool with large lanai. Movein ready! Large screened balcony. Contact Amanda Sebastiano at amandas yourobserver. Thacker brings to Intercoastal Medical Group at Lakewood Ranch a wealth of experience in Family Practice to address your medical needs from the routine to the complicated.
Thacker is a graduate of Riverview High School. Upgraded to high standards. Extensive millwork. SS kitchen appl. Oversized 2 CG. Private pool. Annual lease. Community pool and spa, clubhouse with fitness room. Lake access for boating from private island. Great room floor-plan. Security system. Lake view. Disney Movies Anywhere is open to U. Visit DisneyMoviesAnywhere. This much-loved, interactive holiday display features the sights and sounds of Anna, Elsa and their friends Olaf, Kristoff and Sven, plus a foot Ice Palace with falling snow, a light show and other activities for the whole family.
Come and see how you compare in size to Sven and Olaf and have your photo taken with Olaf at the Ice Throne. Attendees will take part in the census, visit baby Jesus and enjoy crafts and other activities.
For more information, visit livinglordfl. When: from 6 to 9 p. Music on Main — runs from 6 to 9 p. Food and drink will be available for purchase; no coolers allowed. For information, visit lakewoodranch. Car Show for Toys for Tots — runs from 10 a. The Gulf Coast Corvette Club will host this event, which features a car show, Chinese auction, raffle, trophies and more.
Proceeds will be used to buy toys for needy children. Guests can bring cash or unwrapped toys to contribute. GreyHawk Landing Christmas Bazaar — runs from 10 a. Come for holiday shopping, while supporting GreyHawk Landing vendors. Food and drink will be available for purchase. Vendor spaces are available by calling debighlevents hot mail. Christmas Boat Parade — starts at dusk around 6 p. Spectators can vote for the best decorated boats, kayaks and canoes.
For information or to enter a watercraft in the parade, visit oldbradenriver. Breakfast with Santa — runs from to 11 a. Enjoy food and drink, photos with Santa and family fun. Reservations required to , or visit macallisters.
Service of Hope — starts at 5 p. Peace Presbyterian Church will host this special service for individuals experiencing loss or going through hard times.
The service will include the lighting of candles and times of mediation, music and prayer. Snacks will be served following the service. For information, visit peacepcusa. Christmas Photos with Santa — runs from 6 to 9 p. Come out to get family photos with Santa. For information, call Horseshoe Cove Christmas Craft Sale What: The sale features items such as paintings, Christmas wreaths, knit and crocheted items, baskets and more.
Coffee and coffee cake also will be available for purchase. When: from 9 a. Happy Holidays! Exceptional Service. Proven Results. Relationships for Life. Jim Soda Offer void where prohibited or otherwise restricted by law.
Prices may not include lot premiums, upgrades and options. Community Association and other fees may be required. Prices, promotions, incentives, features, options, amenities, floor plans, elevations, designs, materials and dimensions are subject to change without notice. Square footage and dimensions are estimated and may vary in actual construction. Community improvements and recreational features and amenities described are based upon current development plans which are subject to change and which are under no obligation to be completed.
Actual position of house on lot will be determined by the site plan and plot plan. Floor plans are the property of Taylor Morrison, Inc.
This is not an offering in any state where prohibited or otherwise restricted by law. We listen to your goals. We present options we can deliver. We communicate throughout the entire process. Braden River graduate Willie McNeal caught a 2-point conversion to lead the Western Kentucky football team to a victory over previously undefeated Marshall Nov.
Three years ago, the then freshman, decided to try out for Next Level Hoops, a competitive travel team out of Lakewood Ranch. Lisa Hoffman is averaging The Lakewood Ranch High girls soccer team posted its fifth shutout of the season with a victory over Berkeley Prep Nov.
Lisa Hoffman, right, has led the Out-of-Door academy to the regional tournament twice in the past three years. The glory days of hurling shutouts and winning state championships are in her past. Now the excitement just comes from a different vantage point — one of a head coach.
On Nov. Feix replaces former head coach Tony Cummins, who stepped down following the end of the season. I think that makes it easier for me to understand them, guide them, lead them and empower them to find success both on and off the field.
Get Your Share of The Market! Subject to changes Register More information. Argentina The conference agenda is attached. Additionally, More information. Compliance 1 1 Dispute More information. Classification of incidents. Code: NT. GN , Version 1, in order More information. See more. June 4 th to 6 th, Process safety in Shell Process safety in Shell 1 Process safety in Shell Our assets are safe and we know it Given the nature of the risks involved, ensuring the safety and integrity of our assets is paramount to Shell.
For us, More information. The project will reach its half-life soon and More information. Partner with DSA. The Fire Chiefs Planning Committee thanks you for your continued support. We look forward to seeing you at the conference in February. The conference continues to grow each year with More information.
Many organizations More information. Begnaud November 7, Disclaimer This document was prepared as an account More information. The South America largest meeting about Project More information. Pedro Luis Uriarte More information. Spanish School - Vermont. The More information. But despite this, all efforts become sterile if a poor or insufficient vision persists in Senior Management. In this context of increasing complexity, the highest level in the organization has the responsibility and obligation to guide the transformation of their companies to become fully sustainable.
The organizations that provide a differential value for their shareholders, their employees and the communities in which they operate are those that have managed to awaken and keep present a sense of vulnerability in their senior management teams.
Safety Culture Leaders seeks to promote that same sense of vulnerability, sharing the vision of global leaders of the most challenging operations on the planet. We are interested in building collective responses to a part of those questions that are hidden in the metaphor of the iceberg: what kind of leadership is needed in the new paradigm of energy and what are the key cultural elements of sustainability and excellence.
British Columbia v Imperial Tobacco [] 2 SCR legislation aimed at Tobacco companies for the purpose of recouping from the tobacco companies the healthcare costs incurred by the province for tobacco-related disease Created new tort, which was retroactive, change to burden of proof, abolished limitation periods, supported by rebuttable presumptions of fact designed to relieve the govt of affirmatively proving important elements of the new tort, denied the Ds access to individual heath care records to rebut the presumptions , maximum damages would be all present and future health care costs incurred by the province for tobacco-related disease, divided up among each company in accordance with its market share.
Held: there was no constitutional objection to laws that singled out an industry for special treatment, laws that were retroactive or laws that conferred special advantages on government. Charter right to fair trial under s 7 applies only where life, liberty or security of the person is in issue, not simply money 3 SCR Facts SCC decided in that Criminal Code provisions on abortion because they violated a womans right to security of person, but that nonetheless they were a valid exercise of criminal law power R v Morgentaler, [] In January Morgentaler let it be known he wanted to open an abortion clinic in Halifax In March the NS Legislature changed the Hospitals Act to prohibit certain procedures from being performed outside of hospitals, and denying insurance coverage to anyone who sought such procedures procedures were unconnected, and included abortion.
Heavy penalties for performing abortions outside hospitals Morgentaler performed abortions, and was charged under the Act NS argued the provisions were to prevent privatization of health care delivery Holding Ultra vires. Reasons Sopinka J Must first identify the matter o Found in the legal effect, not so much in the practical effect o Legal effect how the legislation as a whole affects the rights and liabilities of those subject to its terms Sources for determining matter o four corners of the legislation Fines strict if the purpose is only to protect public health care delivery o Extrinsic sources Invalid Criminal Code provisions Provincial Leg invalid when employs language virtually indistinguishable from CCd provisions Provinces cannot stiffen, supplement, or replace criminal law Similarity to Criminal Code provisions shows legislation is designed to serve a criminal purpose.
Background, context Timing of Morgentalers clinic opening Hansard debates show that mischief most commonly discussed when legislation being debated No prior study of cost-effectiveness or anything like that Held though legislations form is intra vires provincial powers, the pith and substance is a prohibition on abortions, which is a criminal matter, and ultra vires.
Ratio Colourable legislation where the form is intra vires but the matter is ultra vires is ultra vires 5. Paramountcy Chapter This doctrine applies where there is a federal law and a provincial law which are: o 1 valid and o 2 inconsistent. The wide defn is the course of judicial activism in favour of central power; the narrower definition is the course of judicial restraint.
Smith v The Queen For laws which directly regulate conduct, an express contradiction occurs when it is impossible for a person to obey both laws-compliance with one law involves breach of the other Multiple Access v.
McCutcheon The question was whether the insider trading provisions of provincial securities law were in conflict with those of federal corporate law.
Held: no as they provided essentially the same remedy for the same conduct. The rules were in harmony. Few egs of impossibility of dual compliance: Gillespie v Gillespie o 2 spouses separated, court order under federal grounds grants custody of child to wife, while prov law to husband. Saskatchewan o The federal Tobacco Act prohibited promotion of tobacco products except where mentioned in the Act. A person may display at retail, a tobacco product.
That meant that the retailer could comply with both laws, either by refusing to admit persons under 18 or by not displaying tobacco products. The purpose of the federal law was not frustrated as both purposes of the 2 acts were fulfilled. Section 30 allows retailers to display tobacco and tobacco product-related brand elements and post signs indicating the availability and price of tobacco products, while Ss.
The QBD dismissed the companys application. The Court of Appeal set aside that decision and declared Ss. SC Held: The appeal should be allowed. The provincial legislation is NOT inoperative by virtue of the paramountcy doctrine. There is NO inconsistency between Ss. The provincial legislation simply prohibits what Parlt has opted not to prohibit in its own legislation and regulations.
Both the general purpose of the Tobacco Act to address a national public health problem and the specific purpose of Ss. In demarcating through Ss. ONLY an express contradiction suffices to invoke the paramountcy doctrine.
A provincial law that is supplementary or duplicative of a federal law is not deemed to be inconsistent with federal law. It is clear from case law that the SC does NOT infer an inconsistency between federal and provincial laws based on an imputation that federal law covers the field OR carries a negative implication forbidding supplementary provincial law in the same field.
Canada rejects the negative implication test under which a federal law may be read as interpreted as covering the field and precluding any prov laws in that field, even if they are not contradictory of the federal law.
HOWEVER as both federal and provincial decisions are enforced by provincial police and prosecutors and the provincial court system that in which both provincial and federal cases are tried THUS issue of double jeopardy across jurisdictional boundaries in fact resolved by prosecutorial or judicial discretion c Double civil liability Double income taxation and civil remedies have been upheld by SC. Like the issue of double criminal the issue of double civil liability does NOT need to be resolved by the doctrine of paramountcy.
It will affect the operation of the prov law so long as the inconsistent federal law is in force. If the federal law is repealed, the prov law will automatically revive without any re-enactment by the prov Leg.
Federal Parliament cannot repeal a provincial law. The ONLY satisfactory description of the effect of paramountcy doctrine is that it renders inoperative the inconsistent provincial law. Although there may be incidental intrusion into another head over which the relevant government has no control, incidental intrusions are allowed Is the first test of the concept of relying on civil legal proceedings to tackle crime, of using civil actions and their lighter standard of proof, to recover property linked to crime Organized around Ontarios Civil Remedies Act, the Supreme Court of Canada was asked whether actions to forfeit the proceeds of unlawful activity exceeded provincial constitutional competence by invading federal jurisdiction over the criminal law.
To the relief of Ontario and other provinces, the Supreme Court upheld the constitutional validity of the reliance on forfeiture, on civil actions, to remove property derived from crime. Govts sought to control entry to, and supervise the performance of the industry by licensing insurers, by requiring a security deposit, by limiting the insurers powers of investment and by official inspection of their books.
In the leading case Citizens Insurance Co v Parsons upheld an Ontario statute that required that certain conditions be included in every policy of fire insurance entered into in Ontario. Their lordships held that regulation of the terms of contracts came within property and civil rights in the province s. Citizens Insurance Company v Parsons P. Also the Quebec Act o property and civil rights MUST be interpreted in a broad sense Insurers are NOT traders in English bankruptcy laws, therefore not within trade and commerce Trade and commerce cannot be construed as broadly as the appellant would have it Two branches of trade and commerce o Federal government has power over interprovincial and foreign trade o general trade power federal government can legislate on questions of general national trade.
Holding Act is intra vires. Property and civil rights applies broadly, even to contracts concerning property indemnifying it in this case.
The federal govt continues to regulate a substantial part of the industry under statutes covering British and foreign companies, federally-incorporated companies, and on a voluntary basis. Provincially incorporated companies. Re Wentworth Insurance case a federal law applicable to insolvent insurance companies was upheld Winding-Up Act vs.
The insurance cases establish that regulation of business was ordinarily a matter within property and civil rights in the province. Exceptions which fall within federal jurisdiction include banking, navigation and shipping, inter-provincial or international transportation, communication undertakings and works declared to be for the general advantage of Canada. The gaps in federal power are v. The interest power may be used to control interest rates, but not control other terms of loans.
The gaps are covered by the provincial power over property and civil rights. Regulations of professionals and trades typically takes the form of restrictions on entry, coupled with rules of conduct, which often include fee-sitting and administration by a govt body. Such regulation is no different for constitutional purposes than that of other industries, and comes within property and civil rights in the province. This afforded compulsory conciliation procedures for the settlement of industrial disputes in mining, transportation, communication and public service utilities and optional procedures for the settlement of disputes not compulsorily covered.
The Privy Council held the Act was unconstitutional. Immediately after the decision the Act was amended to confine its operation to industries which were otherwise within federal legislative authority, and in this more limited form the Act was upheld. The legislation in Snider was concerned with industrial peace-the prevention of strikes and lockouts through compulsory conciliation.
Laws imposing labour standards were also held to fall within provincial powers Labour Conventions. Stevedores Reference Since it has been CLEAR that the federal Parlt has the power to regulate employment in works, undertakings or businesses within the legislative authority of the federal Parlt. Provinces have the power to regulate intra-provincial trade BUT not inter-provincial trade. This distinction is not easy to apply in the context of marketing as a provincial marketing scheme will nearly always have an impact on producers in other provinces.
The question is to what extent should a province be permitted to burden interprovincial trade in the course of regulating intraprovincial trade? Shannon v Lower Mainland Dairy Products Board - Privy Council upheld a provincial scheme for the compulsory marketing of milk through provincial boards.
The scheme applied to all milk sold in the province, including milk produced in other provinces. The application of milk produced out of the provinces was upheld as an incident of an essentially intraprovincial scheme. Manitoba Egg Reference SC However struck down a provincial scheme to regulate the marketing of eggs which applied to ALL eggs sold in Manitoba, including eggs produced elsewhere otherwise scheme would be undermined by imports of an unregulated and cheaper product. Martland J for the majority held that the plan in issue NOT only affects inter-provincial trade in eggs BUT aims at the regulation of such trade.
This decision was followed by a federal prov agreement involving all 11 govts that settled a national marketing plan for eggs. Through the cooperative action of both levels of govt, it was hoped to fill the gaps in federal and provincial legislative power. Eggs v potash Central Canada Potash A scheme for prorationing potash production was NOT allowed as price fixing was its central feature.
Re Agricultural Products Marketing Act However the egg marketing plan was allowed, and price fixing was a central feature as well. Provinces have less control over their natural resources. CA by Ss. The export of resources from Canada remains outside the provincial legislative power. The provinces have regulatory regimes which establish securities commissions, and which provide for the licensing of brokers and the regulation of the markets for corporate securities.
This does not preclude all prov reg of the issues of securities by fedincorporated companies-the question in each case is whether the degree of provincial control amounts to a denial of an essential attribute of corporate status. Apart from the limited immunity of fed-incorporated companies, the provincial power has been given a broad scope by the courts.
The federal incorporation power authorizes the regulation of the issues of securities by federally incorporated companies, and authorizes some degree of regulation of trading in those securities. The inquiry then turns to whether the legislation falls under the head of power said to support it. If the pith and substance of the legislation is classified as falling under a head of power assigned to the adopting level of government, the legislation is valid.
When a matter possesses both federal and provincial aspects, the double aspect doctrine may allow for the concurrent application of both federal and provincial legislation. Parliaments power over the regulation of trade and commerce under Ss. ONLY the general trade and commerce power is invoked by Canada in this reference. This power, while on its face broad, is necessarily circumscribed.
It cannot be used in a way that denies the provincial legislatures the power to regulate local matters and industries within their boundaries. Nor can the power of the provinces to regulate property and civil rights within the provinces deprive the federal Parliament of its powers under s. As held in General Motors of Canada Ltd. City National Leasing , to fall under the general branch of Ss. Whether a law is validly adopted under the general trade and commerce power may be ascertained by asking: 1 whether the law is part of a general regulatory scheme; 2 whether the scheme is under the oversight of a regulatory agency; 3 whether the legislation is concerned with trade as a whole rather than with a particular industry; 4 whether it is of such a nature that provinces, acting alone or in concert, would be constitutionally incapable of enacting it; and o 5 whether the legislative scheme is such that the failure to include one or more provinces or localities in the scheme would jeopardize its successful operation in other parts of the country.
These indicia of validity are NOT exhaustive, nor is it necessary that they be present in every case. Here, the main thrust of the Act is to regulate, on an exclusive basis, all aspects of securities trading in Canada, including the trades and occupations related to securities in each of the provinces.
The purpose of the Act is to implement a comprehensive Canadian regime to regulate securities with a view to protect investors, to promote fair, efficient and competitive capital markets and to ensure the integrity and stability of the financial system.
Its effects would be to duplicate and displace the existing provincial and territorial securities regimes. Applying the settled case law, the Act, viewed in its entirety, CANNOT be classified as falling within the general trade and commerce power. Its main thrust does NOT address a matter of genuine national importance and scope going to trade as a whole in a way that is distinct and different from provincial concerns.
Canada has NOT established that the area of securities has been so transformed that it now falls to be regulated under the federal head of power. The preservation of capital markets to fuel Canadas economy and maintain Canadas financial stability is a matter that goes beyond a specific industry and engages trade as a whole. However, the Act is chiefly concerned with the day-to-day regulation of all aspects of contracts for securities within the provinces, including all aspects of public protection and professional competences.
These matters remain essentially provincial concerns falling within property and civil rights in the provinces and are not related to trade as a whole. Specific aspects of the Act aimed at addressing matters of genuine national importance and scope going to trade as a whole in a way that is distinct from provincial concerns, including management of systemic risk and national data collection, appear to be related to the general trade and commerce power.
With respect to these aspects of the Act, the provinces, acting alone or in concert, lack the constitutional capacity to sustain a viable national scheme.
Viewed as a whole, however, the Act is NOT chiefly aimed at genuine federal concerns. It is principally directed at the day-to-day regulation of all aspects of securities and, in this respect, it would not founder if a particular province failed to participate in the federal scheme.
In sum, the proposed Act overreaches genuine national concerns. While the economic importance and pervasive character of the securities market MAY, in principle, support federal intervention that is qualitatively different from what the provinces can do, they do NOT justify a wholesale takeover of the regulation of the securities industry which is the ultimate consequence of the proposed federal legislation.
A cooperative approach that permits a scheme recognizing the essentially provincial nature of securities regulation while allowing Parlt to deal with o o o o. Difficulty has arisen where a province has sought to control the ownership or use of property in order to accomplish a non-proprietary objective which it could not accomplish by more direct means Bedard v Dawson A provincial law prohibited the use of a house as a disorderly house was characterized as property law.
Federal Parlt has also asserted jurisdiction over foreign ownership of property in the Investment Canada Act which provides screening procedures for certain takeovers of Canadian businesses by non-Canadians, c Heritage Property Kitkatla Band v BC SC held that the protection of heritage or cultural property fell under Ss.
Judicial interpretation has narrowed the scope of the clause. The interpretive problem lay in the accommodation of the federal power over the regulation of trade and commerce Ss.
By a process of mutual modification, the courts have narrowed the 2 classes of subjects so as to eliminate the overlapping and make EACH power exclusive. Citizens Insurance Co v Parsons P. In which the issue was the validity of a prov statute which stipulated that certain conditions were to be included in ALL fire insurance policies entered into in the province.
Privy Council held the statute was a valid law in relation to property and civil rights in the province and did NOT come within the federal trade and commerce power. Since Parsons, it has been accepted in general that intraprovincial trade and commerce is a matter within provincial power, under Ss. R v Klassen The Manitoba CoA had to decide whether the Canadian Wheat Board Act could validly apply to a purely local work, a feed mill which processed locally processed wheat and sold it as feed to local farmers.
The Act imposed on producers and enforced through elevators and mills, a quota system which was designed to ensure equal access to the interprovincial and export market. It also applied to local processing and sale so that a producer could not obtain an unfair advantage by selling grain in excess of his quota. CA held that the app of the Act to such intraprovincial transactions was valid.
It was incidental to the purpose of the Act which was to regulate the interprovincial and export trade in grain. This decision was a striking departure from the course of Privy Council decisions which had consistently decided that the federal regulation under the TCP could NOT embrace wholly interprovincial transactions, even when the main object was to regulate the interprovincial or export trade.
Re Agricultural Products Marketing Act FACTS: Quota imposed on sale of eggs imposed on all producers regardless of whether destined for out of province market or local On the face of it SC decision to uphold the federal Act is a major expansion of federal power into local markets HOWEVER the case is unusual and NOT important precedent in that concurring opinions are very general and abstract and hard to relate to actual operation of operation of marketing plan under consideration.
The Court struck down compositional standards for beer enacted under the federal Food and Drugs Act which had been imposed without regard for the products movements across provincial boundaries.
The Court also reaffirmed the rule established in insurance cases that the TCP will NOT authorise the regulation of a single trade or industry, even if the industry is dominated by a few large firms which advertise and market their products on a nation-wide basis.
City National Leasing the general category of TC had been consistently rejected as a support for federal policies of economic regulation. The constitutionality of the Competition Act had to be resolved in this case, which was a challenge to the validity of the civil remedy that had been introduced in the legislation in Labatt Breweries.
Dickson J added 2 more to this: o 4 the legislation should be of a nature that the provinces jointly or severally would be constitutionally incapable of enhancing; and o 5 the failure to include one or more provinces or localities in a legislative scheme in other parts of the country. In the case of the Act all 5 were present. The general branch of TCP authorises the regulation of intraprovincial trade. The allegations that gave rise to the litigation concerned price discrimination in the financing of the purchase of vehicles by companies that lease fleets of automobiles and trucks.
These purchases and the associated finance agreements were transactions that individually took place within a single province. Those facts gave rise to an argument that the federal legislation should be read down to exclude such intraprovincial activity, which could be left to provincial law. Dickson CJs answer was a reference back to the provincial inability test, captured in elements 4 and 5 of his defn of general TC: o Competition CANNOT be successfully regulated by federal legislation which is restricted to interprovincial trade.
The conclusion was that Parlt has the constitutional power to regulate intraprovincial aspects of competition. Facts Ss. Though creating civil causes of action is ultra vires Parlts power falling under property and civil rights , is Ss. Three part test 1. Does the particular provision violate a provincial jurisdiction? If yes, is the entire Act valid see test below 3. If yes, is the impugned provision sufficiently integrated into the Act so as to make it necessarily incidental?
To answer step 2, MUST see if the legislation in general is valid. The impugned legislation must be part of a general regulatory scheme 2. Scheme must be monitored by the continuing oversight of a regulatory agency 3. Must be concerned with trade as a whole rather than a particular industry 4. Provinces constitutionally incapable of enacting similar legislation jointly or severally 5.
Failure to include one or more provinces or localities in a legislative scheme would jeopardize the successful operation of the scheme in other parts of the country Despite the test, the approach must be case-by-case, as suggested in Parsons Instant clause encroaches on provincial powers, BUT it is incidental. Ratio Establishes validity test under general regulation branch of Ss. The Court comes up with a two-step test in this case: Step 1: does the provision intrude into provincial powers?
A if so, to what extent? In this case it is found to be a minimal encroachment. Step 2: Is the overall Act valid? In this case it is valid under feds criminal power anticompetitive practices A IF so, THEN is the provision at issue sufficiently integrated into the legislation from functional relationship to intimate nd connection.
In cases under the 2 branch of Ss. IF the scheme is not valid that is the end of the inquiry. This requires considering the seriousness of the encroachment on provincial powers, in order to decide on the proper standard for such a relationship. IF the provision passes this integration test, it is intra vires Parlt as an exercise of the general TCP. IF the provision is NOT sufficiently integrated into the scheme of regulation, it cannot be sustained under the second branch of Ss.
Peace, Order and Good Government Chapter 17 Argued against thesis that federal powers specifically enumerated are mere examples of POGG. POGG power has been the trunk from which 3 branches of legislative power have grown: 1 the gap branch 2 the natl concern branch 3 the emergency branch. One gap exists in the provision of incorporation of companies. CA Ss. Courts have held that the power to incorporate companies with objects other than provincial MUST fall within the federal POGG power because of its residuary nature Parsons.
The POGG language completes the incomplete assignment of power. It established that there was a national concern branch of POGG as well as an emergency branch. The test, set out is whether the matter of the legislation goes beyond local or provincial concern or interests and MUST from its inherent nature be the concern of the Dominion as a whole.
The national concern branch has been recognised in many cases since and has provided the sole basis for the decision in 3 cases in SC:. Johannesson v West St Paul in which the Courts held that aeronautics satisfied the natl concern test. Munro v National Capital Commission in which the Court held that the natl capital region area around Ottawa straddling Ontario and Quebec satisfied the natl concern test.
Crown Zellerbach in which the Court held that marine pollution satisfied the national concern test.
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