At The Supreme Court of Canada
The scheme was generally upheld, with the appeal being allowed only in part. The majority generally adopted the reasons given by Laskin, C.J., subject to reservations.
| Question | Martland, Ritchie, Pigeon, Beetz and de Grandpré JJ. | Laskin C.J. and Judson, Spence and Dickson JJ. |
|---|---|---|
| 1. Are sections 2 and 3 of the Agricultural Products Marketing Act, R.S.C. 1970, Chapter A-7, ultra vires the Parliament of Canada in whole or in part and if so, in what respect and to what extent? | Yes as to s. 2(2)(a); No as to s. 2.(2)(b) as well as to s. 3 in respect thereto. | No, as to s. 2(1); yes, as to s. 2(2)(a); no, as to s. 2(2)(b); and no, as to s. 3 in respect of s. 2(1) and s. 2(2)(b). |
| 2. Are S.O.R./72-243; (Ontario Egg Order) S.O.R./72-246, S.O.R./72-306, S.O.R./73-228 and S.O.R./75-217 (Ontario Egg Marketing Levies Orders) ultra vires the enabling legislation, the Agricultural Products Marketing Act, R.S.C. 1970, Chapter A‑7, in whole or in part and if so, in what respect and to what extent? | No | No |
3. Is the Farm Products Marketing Agencies Act, 19-20-21, Eliz. II, Chapter 65, and in particular
ultra vires the Parliament of Canada in whole or in part and if so, in what respect and to what extent? |
No, but s. 23(1)(a) does not authorize a federal agency to purchase surpluses in any market and to dispose of its purchases as an ordinary trader | No, as it does not contravene Section 121 of the Constitution Act, 1867 |
| 4. (a) Is S.O.R./73-1 (Canadian Egg Marketing Agency Proclamation) ultra vires the enabling legislation the Farm Products Marketing Agencies Act, 19‑20-21, Eliz. II, Chapter 65, in whole or in part and if so, in what respect and to what extent?
(b) Is S.O.R./73-1 section 10 ultra vires the enabling legislation the Farm Products Marketing Agencies Act, 19‑20-21, Eliz. II, Chapter 65, in whole or in part and if so, in what respect and to what extent? |
No | No |
| 5. (a) Are S.O.R./73-284 (Canada Egg Marketing Levies Order), S.O.R./74-89 (Canada Egg Marketing Levies Order), S.O.R./74-207 (Canada Interim Egg Levies Order), S.O.R./75-173 (Canada Interim Egg Levies Order) ultra vires the enabling legislation, The Farm Products Marketing Agencies Proclamation, in whole or in part, and if so, in what respect and to what extent?
(b) Are S.O.R./74-208 (Canada Egg Purchasing Levies Order), S.O.R./74‑329 (Canada Egg Purchasing Levies Order), S.O.R./-74-393 (Canada Egg Purchasing Levies Order), S.O.R./74-562 (Canada Egg Purchasing Levies Order), S.O.R./74-644 (Canada Egg Purchasing Levies Order), S.O.R./75-89 (Canada Egg Purchasing Levies Order) and S.O.R./75-174 (Canada Egg Purchasing Levies Order) ultra vires the enabling legislation, the Farm Products Marketing Agencies Proclamation, in whole or in part, and if so, in what respect and to what extent? |
No | No |
| 6. Is S.O.R./73-286 (Canadian Egg Licensing Regulations) ultra vires the enabling legislation, The Farm Products Marketing Agencies Act and the Canadian Egg Marketing Proclamation, in whole or in part, and if so, in what respect and to what extent? | No | No |
| 7. Are sections 4, 5, 6, 8, 9, 10, 15(a) and 22 of the Farm Products Marketing Act of Ontario and amendments thereto ultra vires the Legislature of Ontario in whole or in part, and if so, in what respect and to what extent? | No, as a Legislature may delegate powers to an agency as much as it sees fit, and there is no reason to read this Act as going beyond its professed intent | No, as the Act itself would not be impeachable as encroaching on federal power, but its overreaching administration would be invalidated as going beyond the scope of power conferred by the Act, as well as being in itself unconstitutional |
| 8. Is Ontario Regulation 595/72 ultra vires the legislative power of Ontario in whole or in part and if so, in what respect and to what extent? | No, as the control of production, whether agricultural or industrial, is prima facie a local matter, a matter of provincial jurisdiction, subject to s. 95 of the Constitution Act, 1867 | No, as the fact that a Province has adopted the same share percentage as determined under a federal order does not per se rule out its connection with intraprovincial trade |
| 9. Is section 21a of the Farm Products Marketing Act of Ontario ultra vires the Legislature of Ontario in whole or in part and if so, in what respect and to what extent? | No, as for #8 | No, as for #8 |
| 10. Are Regulations 2, 3, 5, 6 and 7 for the year 1975 passed by the Ontario Egg Producers Marketing Board ultra vires the enabling legislation, the Farm Products Marketing Act of Ontario, in whole or in part, and if so, in what respect and to what extent? | No | No |
Read more about this topic: Reference Re Agricultural Products Marketing Act
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