P.E.I. Potato Marketing Board v. Willis

P.E.I. Potato Marketing Board v. Willis

The appeal is allowed: Parliament validly enacted The Agricultural Products Marketing Act 1949 and the Governor-General-in-Council validly delegated authority under s.2 by P.C. 5159 to a provincially constituted marketing board; the Lieutenant-Governor-in-Council had competence to establish the P.E.I. Scheme and s.16 is valid when construed as limited to intra-provincial transactions except s.19 which improperly authorizes sub-delegation/interprovincial committee; the Potato Board's Orders are valid except Orders Nos. 2 and 6 (levies) which are ultra vires because they amount to an impermissible indirect taxation/attempt to regulate interprovincial/export trade.

Citation
[1952] 2 SCR 392
Parties
Appellant (nominal Plaintiff): Prince Edward Island Potato Marketing Board; Respondent (nominal Defendant): H. B. Willis Incorporated; Intervener: Attorney General of Canada; Intervener: Attorney General of Prince Edward Island; Intervener: Attorney General of New Brunswick; Intervener: Attorney General of British Columbia; Intervener: Attorney General of Saskatchewan; Notified Intervener: Attorney General of Alberta; Notified Intervener: Attorney General of Manitoba
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 June 1952
Procedural Posture
Reference on Constitutionality; Appeal to Supreme Court of Canada / Appeal From Supreme Court of Prince Edward Island (in Banco) Following Referral by Lieutenant Governor in Council
Outcome
Appeal allowed
Legal Topics
Delegation of Powers, Interprovincial and Export Trade, Provincial Scheme Validity, Licensing and Levies, Indirect Taxation
Source Language
English
Constitutional Law Administrative Law Intergovernmental Relations Agricultural Marketing Law Delegation of Powers Interprovincial and Export Trade Provincial Scheme Validity Licensing and Levies +1 more

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Parties

Prince Edward Island Potato Marketing Board

Appellant (nominal Plaintiff)

H. B. Willis Incorporated

Respondent (nominal Defendant)

Attorney General of Canada

Intervener

Attorney General of Prince Edward Island

Intervener

Attorney General of New Brunswick

Intervener

Attorney General of British Columbia

Intervener

Attorney General of Saskatchewan

Intervener

Attorney General of Alberta

Notified Intervener

Attorney General of Manitoba

Notified Intervener

Procedural Posture

Reference on Constitutionality; Appeal to Supreme Court of Canada / Appeal From Supreme Court of Prince Edward Island (in Banco) Following Referral by Lieutenant Governor in Council

Legal Issues

  1. 1 Whether Parliament had competence to enact The Agricultural Products Marketing Act (Can.) 1949
  2. 2 Whether Governor General in Council could delegate powers under s.2 of that Act to a provincially constituted marketing board (P.C. 5159)
  3. 3 Whether Lieutenant-Governor-in-Council of P.E.I. had competence to establish the provincial Scheme and s.16 thereof

Ratio Decidendi

The appeal is allowed: Parliament validly enacted The Agricultural Products Marketing Act 1949 and the Governor-General-in-Council validly delegated authority under s.2 by P.C. 5159 to a provincially constituted marketing board; the Lieutenant-Governor-in-Council had competence to establish the P.E.I. Scheme and s.16 is valid when construed as limited to intra-provincial transactions except s.19 which improperly authorizes sub-delegation/interprovincial committee; the Potato Board's Orders are valid except Orders Nos. 2 and 6 (levies) which are ultra vires because they amount to an impermissible indirect taxation/attempt to regulate interprovincial/export trade.

Court Disposition

Appeal allowed

Orders

  • Answers to reference: Question 1: Yes; Question 2: Yes; Question 3: Yes, except as to section 19 of the Scheme; Question 4: Yes, except as to Orders Nos. 2 and 6 (those orders invalid).
  • P.C. 5159 and the Agricultural Products Marketing Act 1949 upheld as a valid delegation to provincially constituted marketing boards in respect of interprovincial and export trade where authorized.