Impact
The ruling established the following points:
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- The federal (apart from two provisions) and Ontario Acts were upheld in total, including numerous regulations thereunder, particularly including quota systems.
- Authority to impose levies, long thought to be strictly a federal matter, was declared to be a matter of dual jurisdiction, depending on where the product upon which the levy is imposed is marketed.
Following the ruling, national marketing agencies were subsequently established with respect to chickens, turkeys and broiler eggs.
The approval that was given to the operation of federal-provincial schemes has also been called the cooperative federalism approach, which has been employed in other areas of shared jurisdiction, and how far that can go was recently discussed in Reference re Securities Act.
Read more about this topic: Reference Re Agricultural Products Marketing Act
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