Traffic and trade

In constitutional law Canadian, article 91 (2) of the constitutional Loi of 1867 gives to the federal government the authority to legislate as regards regulation of the traffic and the trade . This capacity generally makes balance with the provincial capacity on the property and the civil laws under the terms of article 92 (13) as well as the “ matters of a nature purely locale ” under article 92 (16).

The clause of the traffic and the trade was initially examined in the business Citizen' S Insurance Co. v. Parsons (1881). The private Conseil identified two branches in the provision. A question could raise of the connects interprovinciale if it related to the international business and interprovincial; or, in the other case, it could raise of the connects general trade if it related to the general regulation of the trade affecting all the Dominion.

Trade interprovincial

Initially, the range of the trade interprovincial was established in a very narrow way by the private Council. In the business Canada C. Alberta (1922), the private Council suggested that the capacity on the traffic and the trade could apply only as a capacity complementary to another valid federal capacity. This principle was possibly rejected into Toronto Electric Commissioners C. Snider (1925), but the capacity was always interpreted in a strict way. In R.C. Final Easter Grain elevator Co. (1925), a federal law réglementaint the trade of the grain produces provincially and intended entirely for export was judged out of the range of the trade interprovincial within the meaning of the constitution. Strategies of marketing were invalidated while following this same logic.

Several federal laws were invalidated for the reason which they exclusively regulated of the transactions being held inside the province.

With the abolition of the calls auprès the private Council, the interpretation of the capacity east widens. In Caloil Inc. C. Canada (1971) the Supreme court of Canada maintained a law prohibiting the transport of oil imported like a form of regulation of the trade interprovincial.

The most important decision fur the Reference relating to the Law on the organization of the market of the agricultural produce (1978) where the Supreme court maintained a strategy federal of marketing of the eggs which imposed quotas on different province. This interpretation of the trade interprovincial was particularly broad since it included/understood even the egg producers which did not export their products.

The Court is also leaning on the effect of the provincial laws on the traffic and the trade. In Complexion Co. C. Quebec Agricultural Marketing Board (1968) the Court judged that the provincial payments which have a tiny effect on the trade interprovincial are valid. However, if the provincial regulation limits the free course of the trade between the provinces, it will be invalidated.

General trade

The branch of the general trade was examined in General Motors off Canada Ltd. C. National City Leasing . The Court made the list of five indicators of a valid law under the branch general trade. In this case, it was judged that one must examine whether the law belongs to a strategy of regulation, if there is an agency which manages the strategy, if the matter related to the trade in entirety, if the provinces would have been able to manage such a strategy themselves, and if the non-participation of a province would put the strategy in danger.

The réglementaiton of the general trade must be broad and wide, and cannot make conspicuous a trade or an industry in particular. In Labatt Breweries of Canada Ltée C. Canada (Public prosecutor) (1979), the Court judged that the regulation of the composition of the “ beer légère ” under the Law on food and drugs was invalid because too much precise to be directed towards the trade.

The Law on the protection of the personal informations and the documents electronic was maintained under the branch general trade of the capacity of traffic and trade. Consequently, the Loi applies at all business enterprises, including the provincially incorporated companies.

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